Truck accidents are some of the most devastating and catastrophic motor vehicle collisions on Oklahoma roadways. Commercial motor vehicles weighing up to 80,000 pounds can cause extensive damage and life-threatening injuries. According to the Federal Motor Carrier Safety Administration (FMCSA), 60,375 large trucks were involved in injury accidents in a recent year.
Many factors can cause or contribute to truck accidents. If you suffered injuries in a truck accident and need compensation for your financial and personal losses, how the accident happened can significantly affect your ability to recover compensation and how much you might get.
Causation Demonstrates Who Is Responsible for the Accident
Knowing the cause of a truck accident helps demonstrate the party responsible for compensating the injured parties. It is easy to blame a truck driver you believe was careless, but more than one party may be responsible for causing a truck accident. Parties that may be liable for commercial motor vehicle accidents can include:
- Truck drivers
- Trucking companies
- Truck brokers
- Truck shippers
- Third-party maintenance companies
- Cargo loading companies
- Vehicle and parts manufacturers, such as tire manufacturers
Trucking companies can be liable for a collision when poor hiring practices, improper training, inadequate safety inspections, and other negligent or flawed procedures contribute to a crash. They are also legally responsible for the negligent actions of drivers they hire.
Liability may extend to parties other than the driver and their employer. Suppose cargo is loaded into a truck incorrectly or is not adequately secured. This failure can shift the truck’s center of gravity, making maneuvering the vehicle more challenging. In this way, the cargo loading company also becomes responsible for the cause of the collision.
The same can be true of defective parts. When a driver applies the brakes, but defective parts prevent the truck from responding the way it should, the parts manufacturer may bear some responsibility for causing the resulting accident.
At Cain Law, we made law under the legal theory that a truck company should be held liable for negligent entrustment of their truck to the CDL driver. Now, injured victims and their families can file a direct action against truck companies under the doctrine of negligent entrustment when trucking companies allow unsafe drivers to use their vehicles and cause harm, regardless of the employment status of the driver.
We can carefully evaluate your case and determine all applicable legal arguments, including whether an employer violated Federal Motor Carrier Safety Administration requirements by hiring an unqualified driver or promoted a poor safety culture. We then use this information to pursue maximum compensation for your claim.
Violating State or Federal Regulations Can Make the Defendant Liable
Due to the catastrophic damage and safety risks posed by large commercial vehicles, state and federal regulations are in place to help prevent accidents. The FMCSA regulates commercial trucking activity in the United States in the interest of upholding public safety and keeping trucking companies accountable.
Not only does violating state and federal regulations result in significant fines and penalties, but evidence of a violation can also demonstrate that the truck driver or trucking company is liable for causing an accident. For example, federal regulations dictate how long a driver can be behind the wheel before taking a mandatory break. This rule helps prevent fatigued driving. Evidence showing a truck driver was over their federally allotted hours of service can show the driver was potentially fatigued. Therefore, their actions may have contributed to the accident, making them potentially liable for compensating crash victims.
Contact Cain Law for a Free Consultation to Discuss Your Truck Accident Case
Truck accidents can be life-altering. At Cain Law, our rapid response team can immediately launch an in-depth investigation into the cause of the accident that injured you. We’ll collect and preserve vital evidence before it can be lost, damaged, or destroyed.
Contact our personal injury team today and request a free consultation. We’re available 24/7 to take your call.
