Trucking accidents can be caused by a myriad of factors, the most common cause of accidents is can be found by some form of negligence. Meaning, someone messed up? At Ali Law Group PLLC, we conduct a detailed thorough investigation by immediately obtaining onboard data, any incident reports, all recorded footage, witness testimonies, road construction information, driver logs, hours of service logs, etc.. We hire experts to determine how the accident happened and degree of fault. Trucking accidents are more complex than other types of accidents for several reasons.
- Multiple responsible parties;
- Different standards and regulations than a traditional vehicle-to-vehicle collision;
Let’s break each one down, first with multiple responsible parties. Sometimes negligent acts can be due to a combination of multiple parties involved. For example, in addition to the truck driver, the company for which the driver works for at the time of the collision may equally be responsible under the legal theory called “respondeat superior”. This latin phrase means “let the master answer for the servant.” Other responsible parties include:
- Subcontractor;
- Contractor;
- Cargo loading company;
- Manufacturer;
- Third parties who repair or maintain truck;
- Government entities or sub-entities (city buses, mail trucks, etc.); or
- A combination of the above-referenced.
The second reason commercial trucking accidents can be more complex is due to the heightened standards of care. The commercial truck driver will always be subject to the Federal Motor Carrier Safety Administration (FMCSA) which is a specified field within the Department of Transportation. The FMCSA was created to prevent and/or limit fatalities and injuries caused by commercial motor vehicles. The FMCSA holds each trucking company and truck driver to a higher standard of care than your average driver because of the increased risk of injury and death.