In almost any circumstance, a trucking accident has the potential to cause devastating injuries to those who are involved in the accident. Because of the substantial difference in size between trucks and most other vehicles on the road, even a relatively minor collision between a car and a truck can have life-altering repercussions for accident victims.
For this reason, it is often possible for those who suffer injury or, in the worst of cases, the loss of a loved one as the result of a trucking accident to seek compensation for what they’ve been through. However, the amount of compensation that truck accident victims may be able to recover is in large part determined by the assessment of liability in the accident.
Liability in a trucking accident can vary substantially. For instance, in one case from Texas, Jim Hart, attorney at Williams Kherkher, represented the family of a man killed after a truck driver made an ill-advised attempt to return to the road after being forced off by another driver. Hart was able to successfully argue that the trucking company, not the driver, should be held liable for the accident because of failures in the training of the driver.
In other circumstances, the manufacturer of the truck or its parts may be considered to be at fault for the accident. For instance, if the brake pedals on a truck malfunction, it may be the vehicle manufacturer who is considered liable for the accident. Finally, in cases where the driver may have been intoxicated, or simply made an error of judgment which no training could have corrected, he or she may be considered the responsible party.