{"id":3009,"date":"2024-02-21T12:28:47","date_gmt":"2024-02-21T12:28:47","guid":{"rendered":"http:\/\/exemplary-crib.flywheelsites.com\/?p=3009"},"modified":"2024-04-04T06:14:12","modified_gmt":"2024-04-04T06:14:12","slug":"who-is-liable-in-a-truck-accident-the-driver-or-the-trucking-company","status":"publish","type":"post","link":"https:\/\/denglaw.com\/en\/who-is-liable-in-a-truck-accident-the-driver-or-the-trucking-company\/","title":{"rendered":"Who Is Liable in a Truck Accident, the Driver or the Trucking Company?"},"content":{"rendered":"

Getting into a truck accident<\/a> is one of the scariest experiences you can have as a driver. The damage that a truck can do, even at lower speeds, is astounding. Truck accidents often result in very serious injuries or even wrongful death.<\/p>\n

The days and weeks following a truck accident can be even worse than the accident itself. There are medical bills that have to be paid, property that needs to be replaced, and lost wages due to your inability to return to work until you’ve had a chance to recover. It can be a lot to deal with. Thankfully, a truck accident attorney can help you to recover the damages you’ve lost.<\/p>\n

But truck accidents are a bit different from your typical car accident<\/a>. Most people driving a car are doing so on their own behalf, behind the wheel of their own vehicle. Truckers often don’t own the truck they’re driving, so they may actually share the responsibility with the trucking company. Or, in some cases, it may be entirely the trucking company’s fault. Today, we’re going to learn when a truck driver is held liable for your damages and when a trucking company is, as well as how to determine which is the case when it comes to your specific situation.<\/p>\n

When Is a Truck Driver Liable?<\/h2>\n

When we’re involved in an accident, it is easy to assume that the other driver is responsible. In many cases, this is the truth of the matter. Truck drivers are human, just like the rest of us, and that means that they’re prone to making mistakes. Add into the mixture that truck drivers are often overworked and skip out of sleep to make their deadlines, and you have a recipe for disaster.<\/span><\/p>\n

Truck drivers have the same obligations as other drivers do. That means that they have a duty of care they must uphold whenever they get behind the wheel. While the actual content of that duty doesn’t change, it is the same for every driver; it is vitally important that truck drivers abide by it because the vehicles they are driving are extremely heavy and can do a lot of damage in a collision.<\/span><\/p>\n

The duty to care that a truck driver has is to follow the rules of the road. That means not speeding, not making crazy out-of-nowhere maneuvers, paying attention to the road, and everything else you would expect from a driver sharing the road with you. When truck drivers fail to live up to their duty of care, they are acting negligently.<\/span><\/p>\n

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Negligence is the key factor for determining whether to hold a truck driver liable or a trucking company. If the truck driver acted in a negligent manner, they can and should be held liable.<\/span><\/p>\n

Negligence can take many forms, including (but not limited to):<\/span><\/p>\n