Sat. Dec 2nd, 2023

Who Should Take Responsibility for a Truck Accident in Louisville?

If you were involved in a truck accident caused by someone else’s negligent actions, you may want to know your legal options and how to hold the at-fault party liable for your injuries. To get fair compensation for injuries, you must determine liability. However, truck accidents are complex since they involve several parties that may be held liable for them. Because of this, you need a legal consultation with an experienced truck accident attorney and get a free case assessment. 

Possible Liable Parties

Liability for truck accidents can vary, depending on the facts and circumstances that surround the case. Several parties may share responsibility and your attorney must investigate your case thoroughly to determine liability. These parties can include the following:

  • Truck driver. If the accident resulted from the truck driver’s negligence, you can hold them liable for their actions. Negligent driving can include not following traffic laws, speeding, driving while distracted, inadequate training, and driving under the influence. 
  • Trucking company. A trucking company can share liability for a crash if they allow an unqualified trucker to get behind the wheel, causing the accident. Also, they can be liable if they did not properly supervise or monitor their driver.
  • Truck owner. If the truck involved in your accident was owned by another party like an individual or a leasing company, this party should bear responsibility. This is the case if the accident happened because of factors associated with the condition of the truck such as equipment defects and maintenance problems. 
  • Maintenance and repair company. If the accident resulted from a mechanical failure like defective tires, faulty brakes, or inadequate maintenance, you can hold the maintenance company accountable for its failure to maintain or repair the vehicle. 
  • Cargo loader or shipper. If the accident was caused by improper loading or cargo securing, the shipper or party that loads the cargo onto the commercial truck may share liability. 
  • Manufacturer or distributor. If the truck accident happened because of defective parts like defective brakes, tires, or steering wheel, you can hold the parts manufacturer or distributor liable for your losses. 
  • Government entities. If the truck was owned by a government entity, you can file an injury claim with the responsible county, city, or state government department.

Recoverable Damages

Following a truck accident, you can recover damages such as medical expenses, lost income and earning capacity, property damage, and pain and suffering. Your attorney will ensure you get the full compensation you are entitled to. Sometimes, punitive damages are rewarded for particularly reckless and malicious behavior. They are meant to punish the at-fault party and discourage similar conduct.