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Who Might be Liable for a Semi or Commercial Trucking Accident?
As experienced Phoenix truck accident lawyers, one of our first tasks is to have a meticulous investigation undertaken for our client’s commercial trucking accident to identify all potentially responsible parties. In addition to the semi or commercial truck driver who may be the main “obvious” cause, there are several others who may be responsible.
Who May Be Responsible
- The trucking company. Trucking companies will have responsibility for accidents caused by their employees in the ordinary course of business. They may also have independent liability if they acted negligently. Such as by hiring a driver who did not have a valid license or who had a history of causing accidents.
- A third party driver. If a third party acts negligently, such as swerving in front of a truck driver so that the truck driver must also swerve, the third party driver may also be liable.
- Dram shop liability. If the truck driver is intoxicated, a restaurant or bar that over-served the driver may also be liable.
- The manufacturer (and possibly a reseller) of defective equipment. If brakes, tires, or any other part of the truck was defective and led to an accident, the manufacturer and also possibly a reseller may be liable.
- Mechanics and auto shops who fail to correctly install equipment. In some cases, truck equipment isn’t defective but becomes faulty due to poor installation. For instance, tires may work fine but detach if mechanics install them incorrectly, making an auto shop liable. Mechanics and shops also face liability if they fail to complete hired tasks, like ensuring brakes function properly.
- Those responsible for the design and maintenance of roadways. Some accidents are the result of the failure to properly engineer roadways, or the failure thereafter of the entity responsible for roadway maintenance to properly care for the road. As a result of poor maintenance, roadways can be dangerous, particularly when traffic control devices do not work properly, or sections of the road are physically damaged.
- Those causing other distractions. Accidents often happen in construction zones, particularly at night when crews alter lanes and use blinking lights. In some instances, construction companies and others responsible for roadwork may share liability.
Determining Who Might Be Liable for a Commercial Trucking Accident
As Phoenix accident lawyers, our role is to determine all those who may be liable so full compensation can be sought for our clients. Typically, we retain accident investigators and other experts in commercial truck accidents. The goal is to determine all of the different factors (and people) that may have contributed to an accident. Once we make this determination, we will then launch litigation on behalf of our client against all those we believe are responsible.
Find out how we can help you – call our firm today to speak with a Phoenix personal injury lawyer. We offer free, no-obligation consultations at Begam Marks & Traulsen, P.A.; contact us today.