Who is Liable for a Truck Accident?

January 4, 2019

Delaware County Truck Accident Lawyers weigh in on truck accident liability. Determining who is responsible for a truck accident is not always an easy task. This is because accidents involving trucks and tractor-trailers are often more complicated than an accident involving two smaller vehicles. For example, if a truck driver drifts out of the proper lane and hits a vehicle driving alongside the truck, most would assume that it was the driver’s fault.

However, an experienced truck accident lawyer might investigate the following:

  • Was the trucker driving drowsy or intoxicated?
  • Is the driver properly trained and licensed?
  • Did the trucking company ask the driver to continue driving beyond the legal limit of hours?
  • Was the steering faulty, causing the driver to lose control of the truck?

Each of the above scenarios implies that a different party is responsible for the accident. The last item, faulty steering, indicates potential issues in manufacturing or with an insufficient repair. For those who have sustained injuries due to a collision with a truck, a Delaware County truck accident lawyer can help examine the details of an accident to determine potential liable parties.

Proving Liability

To win a truck accident case, evidence will be needed to show that the other party was at fault. The following is a list of necessary tasks to complete and items to obtain to prove liability:

  • Communication with police to determine the possible cause of crash
  • Pictures of the damage to all vehicles involved
  • Medical reports to prove injuries
  • Record of all expenses related to the injuries
  • Witness statements
  • Investigation to determine local and federal trucking laws were followed
  • Acquire data from any electronic logging devices installed on the truck

For those suffering serious injuries, the above list may seem overwhelming. However, an experienced Delaware County truck accident lawyer can help ensure a client’s case if fully prepared.

Federal Truck Driving Laws

Truck drivers and trucking companies must abide by federal and state laws. Failure to do so could cause an accident and ultimately mean that the trucking company is responsible for all damages and injuries sustained in that accident. Federal laws regulate the following:

  • Proper Licensing: Depending on the type of truck, drivers are required to have an A, B, or C class commercial driver’s license (CDL).
  • Hours of Service: Drivers cannot drive for prolonged periods of time without rest. Drowsy driving is just as dangerous as driving while intoxicated.
  • Weight limits: Trucks have a maximum weight they can carry depending on their size. Overloading a truck can cause imbalance and lack of control.
  • Safety Regulations: Commercial trucks are required to have frequent safety inspections, regular maintenance, and must follow certain protocol for various types of cargo.

Delaware County Truck Accident Lawyers at Eckell Sparks Protect Those Injured in Truck Accidents

If you or a loved one suffered injuries in a truck accident, contact a Delaware County truck accident lawyer at Eckell, Sparks, Levy, Auerbach, Monte, Sloane, Matthews & Auslander, P.C. Our firm has experience with the laws and regulations governing the trucking industry and can assist with all other personal injury claims. To speak with an experienced personal injury lawyer, contact us online or call us at 610-565-3701. With offices in Media and West Chester Pennsylvania, we proudly serve clients throughout Delaware CountyChester CountyMontgomery County.