Far more often than not, it’s ideal for all parties involved in truck accident cases that the matter be resolved outside of court. Avoiding litigation and trial can shave months, if not years, off the process and can keep more settlement funds in the pocket of those injured.
That doesn’t mean that proving liability on the part of the trucking company becomes impossible. Fault – or at least a strong enough case for it that causes the trucking company and its insurance carrier to work for an out-of-court settlement – can be proven without going to trial.
How Is Trucking Company Liability Proven?
Much like proving truck driver negligence, establishing fault on the trucking company’s part involves a detailed and thorough look into all factors of the accident itself, as well as the practices and operating procedures consistent in the trucking company’s running of its business.
If it can be determined that the trucking company employed improper training, operational practices, scheduling, and/or employee performance expectations, it’s likely that these issues will be brought into the case.
But trucking company liability doesn’t start and stop with the people it employs and how those people are managed. It extends to the vehicles, their maintenance and upkeep, record keeping, safety precautions, and many other truck-related issues. It also extends to the load its truck and driver was transporting at the time of the accident. Was cargo properly loaded? Was the weight appropriate for the vehicle carrying it, and the experience of the driver operating the truck? Was the load properly secured? Was the cargo in itself in safe enough condition to be transported in the manner it was in at the time of the accident?
These and many other questions will be evaluated to determine if and to what extent the trucking company is liable for an accident that occurs involving its truck, driver and/or load.
Can a Trucking Company and Another Driver Both Be Responsible for the Same Accident?
Yes. There are cases and situations in which multiple parties can be at fault in the same accident. If you believe you were partially responsible for a truck accident, it’s imperative to seek legal counsel before admitting fault. It also doesn’t mean that you aren’t entitled to damages you may have suffered as a result of the accident. Be sure to speak with an attorney before assuming you have no claim to damages due to potential responsibility on your part.
Can a Trucking Company Be Liable for an Accident in Another State?
Yes. Trucking companies frequently transport loads across state lines. They are required to carry insurance policies that cover their vehicles, drivers and loads at all times and in all road and weather conditions. A driver’s lack of experience driving in snow in one state does not absolve the trucking company from liability for sending that driver on a route where snow was a possibility or a regular weather condition.
Climate, terrain, precipitation, driving conditions and the habits of resident drivers, among others, are all factors in operating a trucking business that crosses state lines. Regardless of where the truck in question or the trucking company itself is registered or located, trucking companies can be held liable for accidents they’re involved in that do not occur in their own state or common operating territory.
Proving trucking company liability requires a specialized team of truck accident experts. Reach out to an attorney as quickly as you can following a truck accident you or a loved one are involved in to get the guidance you need in determining your best path forward.
