After some truck accidents, determining liability is easy. If a breath test shows the trucker was drunk at the time of the wreck, for example, proving fault might be straightforward.
On the other hand, there are also a lot of scenarios in which an extensive investigation is needed to prove liability. Cargo-related accidents are a prime example.
Could the trucker be at fault for making sudden, sharp maneuvers that shifted the cargo within the trailer? Could the motor carrier be held liable for failing to implement adequate loading procedures? And what if a third party loaded the freight? How much responsibility might they have for the wreck?
The personal injury lawyers at Coxwell & Associates can help you answer these questions. We will conduct a thorough investigation of the collision and interview witnesses to identify which parties should be named in your claim. Call (601) 265-7766 to schedule a free case evaluation with a truck accident attorney in Jackson.
Let’s take a closer look at the different parties that could be liable for a cargo-related truck accident:
1. The Motor Carrier
If the trucker’s reckless driving was responsible for the cargo-related crash, his or her employer may be financially responsible. Motor carriers must purchase a certain amount of insurance to cover the damages that result from any collisions their employees cause.
2. The Loading Company
It is not uncommon for motor carriers to rely on third parties to load their freight. These cargo-loading companies have a duty of care to load all cargo securely. If they fail to do so and the cargo shifts, they could be liable for any wrecks that result.
3.Another Motorist
Every time you get behind the wheel, you put a considerable amount of trust in the motorists around you; however, it is nothing compared to the amount of trust that truckers must put in other drivers. If a motorist stops short or cuts you off, you may be able to slow down in time to prevent a crash. But trucks cannot make sudden maneuvers due to their weight; the most a commercial driver can do is maintain a safe speed and hope that those nearby will travel in a predictable manner.
If a cargo-related accident occurs because the trucker made a sudden maneuver, it’s important to examine why. If it turns out a passenger vehicle motorist cut off the trucker, he or she could actually be the one responsible for the wreck.
4. Other Parties
Depending on the cause of the accident, there are many other parties who may be held partially or entirely liable. Those parties include:
- The company that designed, manufactured, or distributed the device used to secure the cargo;
- The government entity responsible for maintaining the roads; or
- The truck driver if he or she was working as an independent contractor.
Call (601) 265-7766 to Speak with a Truck Accident Lawyer in Jackson
If you need help proving liability following a cargo-related truck accident, turn to Coxwell & Associates. Our personal injury lawyers will help you gather evidence to prove liability and damages against all responsible parties. Call (601) 265-7766 or use our Online Contact Form to set up a free consultation with a personal injury attorney in Jackson.
Disclaimer: This blog is intended as general information purposes only, and is not a substitute for legal advice. Anyone with a legal problem should consult a lawyer immediately.