Accidents involving trucks in New Orleans can have very severe consequences because of the size of the vehicles. According to statistics, there are over half a million truck accidents in the US every year. When such accidents happen, determining the party who is at fault is important in ensuring that you get fair compensation.
Liability in truck accidents is complicated because of the multiple parties involved. From the driver to the company, everyone has their responsibility. That’s why victims need to consult truck accident attorneys in New Orleans to get professional help in navigating the case and following up on claims.
Keep reading to learn more about the parties that can be held for truck accidents in New Orleans and the factors that determine their accountability.
1. The Truck Driver
This is the first party considered when it comes to determining liability. Drivers must follow traffic laws, stay focused on the road, and ensure the vehicle is operated well. However, truck accidents can be caused by various driver-related issues, like:
- Negligence: For example, if a driver runs a red light or overspeeds.
- Fatigue: Driving for long hours without getting enough rest can cause exhaustion, which affects reaction time.
- Distracted driving: If a truck driver texts while driving, uses a mobile phone, or engages in other distracting behaviors on the road.
- Driving under the influence: This includes driving while intoxicated by alcohol or drugs.
If a driver’s action directly causes the accident, they will be held responsible for the damage unless another party’s action plays a role.
2. The Trucking Company
Companies have to ensure truck drivers are well-trained and the vehicles are properly maintained. They also have to make sure drivers are not pressured into working long hours.
A trucking company can be held responsible if they don’t perform proper background checks or hire drivers with poor records and little experience. This is called negligent hiring.
Since trucking companies are required to offer training, if a driver’s lack of proper training leads to an accident, the company could be held liable. Additionally, it is common for trucking companies to push drivers to meet tight deadlines. If a company’s policy encourages risky behaviors, it can be considered responsible.
3. The Vehicle Manufacturer or Parts Supplier
When an accident happens because of mechanical failure or defect in the truck, the manufacturer and supplier of the parts could be held liable. Trucks generally have complex systems and if any one of these parts malfunctions, it may lead to a serious accident.
Examples of mechanical failures that can lead to liability include:
- Defective breaks or malfunctioning braking systems.
- Faulty tires increase the chances of blowouts.
- Engine or transmission issues may cause the truck to stall or operate unpredictably.
4. The Cargo Loader or Shipping Company
The responsibility of ensuring cargo is well secured falls on the cargo loader or shipping company. If cargo is not well loaded, it can shift during transit, causing the truck to lose stability.
Overloading and unbalanced loads can also cause the shipping company or loader to be considered liable for a truck accident.
5. Government Entities
The government can also be considered responsible for a truck accident if the incident was caused by unsafe road conditions or poor infrastructure. For example:
- If a road has a large pothole, doesn’t have guardrails or enough signs to guide drivers.
- Faulty road designs or unsafe construction zones without enough warning.
- When the government is aware of a dangerous condition like an oil spill and doesn’t remove it quickly.
Conclusion
Truck accidents in New Orleans have numerous liable parties because of the role each plays in ensuring the roads, drivers, and vehicles are safe. Following up on claims against multiple parties can be very complicated. That’s why it is important to consult an attorney to follow up and ensure you get fair compensation.
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