Due to the size of the rigs, truck accidents often involve more vehicles and can result in extensive injuries. Since these vehicles are facets of many large industries, determining fault can be a complex problem that attorneys must solve. Learning more about the liability process will reduce stress if you’re ever involved in a crash. 

Who Can Be Held Liable?

By law, truckers are supposed to drive a limited amount of time to ensure they’re well-rested and decrease the likelihood of accidents. However, to make deliveries on time, they may be forced by their trucking company to forgo sleep. By examining the driver’s GPS, log entries, and receipts, attorneys can hold both the driver and their company liable. 

When trucking companies accept shipping assignments, they sometimes farm out the transportation jobs to unqualified drivers to save money. They may drive distracted or impaired, making crashes more likely. Both the drivers and the company are liable if they occur. Attorneys uncover these facts by obtaining lading and service documents from the company. 

Trucking companies must also provide safe vehicles. Due to needlessly aggressive driving, the rig’s equipment may wear out sooner than expected. In some cases, the trucks have defective parts that went unnoticed by the manufacturer and the trucking company’s maintenance staff. Both would be liable for the ensuing accident.

Loading companies are responsible for ensuring the trailer is correctly strapped to the truck. While drivers inspect the load for safety before leaving, they are sometimes not allowed to examine some trailer seals, making both parties partially at fault. 

Since trucking companies are always on a time crunch, they may also pressure the loading company to work faster, allowing for mistakes to be made. They sometimes order the loading company to overload the trailer to save money. Overloaded trucks are less secure and more likely to become untethered on the road. 

How Is Negligence Proven? 

Ohio residents have two years from the date of the injury to file a claim against those responsible. To be awarded damages, attorneys have to prove who was negligent in the truck accident. 

Attorneys must establish that the liable parties had a duty of care to you—those liable should have taken reasonable safety precautions and maintained the rules of the road. The parties breached that duty through various means, like distracted driving, forcing truckers to overwork, or not securing the trailer. The breach must have directly led to the accident, which then caused the injuries. If proven, the wounded party will receive financial damages for injuries and treatments related to the crash. 

Truck accidents often result in short- and long-term injuries. Since 1949, Miraldi & Barrett Co., LPA has helped residents throughout Lorain, OH, receive the compensation they need. Their attorneys were named Ohio Super Lawyers for seven consecutive years for the personal attention they give their clients and their dedication to getting results. For more information on their practice areas, visit their website. To schedule a free consultation, call (440) 233-1100.