Who Is Liable to Pay Compensation After a Commercial Truck Accident?
By Steve Charles on April 16, 2021
More often than not, commercial trucks are responsible for serious truck accidents. The massive size difference between passenger vehicles and tractor trailers plays a significant role in the gravity of personal injuries and property damages sustained by all persons involved.
But the real question is, who will be held accountable for these kinds of accidents? The truck drivers or their fellow motorists?
Who Is Liable to Pay Compensation for Truck Accidents in Florida?
Even though these massive trucks can cause very serious damage to other vehicles on the road, they should not automatically be considered at-fault for a crash. Who is at fault at the scene of a traffic collision is often determined by responding law enforcement who ask questions of all parties, witnesses and conduct traffic investigations. Furthermore, insurance adjusters of the auto insurance companies of all involved motorists conduct their own independent investigations and confer with each other to determine the at fault party.
Inexperienced or Rash Drivers
Whenever trucks are involved in serious crashes, there are a few common causes. Ruck drivers often work tight schedules and are under pressure to load and off-load supplies of various types. As a consequence truck drivers are statistically more prone to get involved in collisions while out on the road as they attempt to meet tight load and off-loading schedules.
Secondly, improper training or drivers’ inexperience is another leading cause for crashes. For example, inexperienced truck drivers may fail to pay attention to their vehicle’s blind spots or don’t know how to properly use mirrors to look out for fellow motorists.
Equipment Failure or Failing to Follow Road Safety Regulations
Another common reason for truck accidents is equipment failure. Truck drivers are usually responsible to check whether their equipment is functioning properly. Common reasons for accidents in this context include overloaded (too heavy) trucks, misloaded cargo, faulty tires, etc. All of the problems will lead to the truck driver being blamed for the accident.
Lastly, federal trucking regulations and traffic laws are designed to maintain road and highway safety. This includes following speed limits or other general road safety regulations like changing lanes, merging, stop signs, and red lights.
The Federal Motor Carrier Safety Administration (FMCSA) has handed down rules to govern driver health, weight limits, equipment standards, truck driving hours. Violating these laws increase the likelihood of truck crashes.
Is The Trucking Company Liable?
If Companies that hire truck drivers or hire 18-wheelers or other trucks on contract may be held liable if they force drivers to break FMCSA rules or other federal or state trucking regulations. For instance, if trucking companies force their drivers to overload freight or use damaged/faulty vehicles for service.
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