Can Trucking Companies Avoid Liability for an Accident?

Accidents involving tractor trailers, 18-wheelers and other commercial trucks often have devastating consequences. According to the Insurance Institute for Highway Safety as many as one in ten fatal highway accidents involves a commercial truck. With Interstate 15 and other major highways converging on Las Vegas, we unfortunately see numerous fatal truck accidents in our area every year.

In most truck accident cases, the trucking company is the victims’ primary source of financial compensation. This is because, as a general rule, trucking companies can be held liable for their drivers’ negligence through a legal doctrine known as, “vicarious liability.” In addition, many trucking accidents involve direct negligence on the part of the trucking company – such as employing drivers with inadequate training, overloading cargo beds, and failing to adequately maintain their vehicles. But, what happens if the truck driver and the trucking company aren’t to blame?

Other Sources of Compensation for Truck Accident Injuries

While the vast majority of truck accident claims involve liability on the part of the trucking company, there are numerous possible causes of truck accidents that have nothing to do with the trucking company’s negligence or truck driver error. Some common examples include:

• Defective truck parts. If a defective part on a truck – whether a tire, transmission, gas pedal, or something else – causes the driver to lose control, the manufacturer can be held liable for victims’ injuries.
• Defective car parts. Likewise, if a defective part on your car causes you collide with a truck, you can seek compensation from the manufacturer of your vehicle and the component part as well. The government maintains a searchable database of vehicle defects where owners can find out if their vehicles have been recalled.
• Maintenance and repair errors. If a repair or maintenance shop makes a mistake – such as performing a faulty brake job – the shop can be financially responsible if their faulty work leads to an accident.
• Negligence of other drivers. Maybe another driver stopped suddenly in front of the truck, or maybe another driver caused a chain reaction that resulted in your vehicle colliding with a truck. If another driver is to blame, he or she deserves to be held accountable for your injuries.
• Negligent road design or maintenance. More often than you might suspect, road designs and conditions contribute directly to causing serious vehicle accidents. When this is the case, the government may be on the hook for your losses.

Of course, if the trucking company or truck driver is also responsible for the accident, then victims can pursue compensation from the trucking company as well as these other parties. In addition, even if you were partially at fault, you still may be able to pursue a claim for financial compensation.

Contact a Truck Accident Lawyer at De Castroverde Law Group in Las Vegas, NV

At De Castroverde Law Group, we fight vigorously to help truck accident victims win maximum compensation for their injuries and other losses. To schedule a free, no obligation with one of our attorneys, call our Las Vegas law offices at (702) 222-9999 or get in touch with us online today.