Identifying Who Should Be Held Responsible For A Truck Accident

Injury Lawyer in Oakville must sort through various connections, in order to discover who should be held liable for a given trucking accident.

Potential connections for drivers

The driver might be an employee of a trucking company and that same company would be responsible for inspecting all of its trucks; such companies must also train their drivers. Some trucking companies lease their trucks from a leasing company. A lawyer might want to discover the source of the trucks that the leasing company provided to the trucking company.

A driver could be an independent contractor or could purchase a truck or lease it. Both purchased and leased trucks would need insurance papers; some of the driver’s money would go toward paying for insurance.

Possible connections to a malfunctioning part

• The designers might have made a mistake
• The mistake could have been made at the manufacturing plant.
• The dealership is supposed to be fair to those customers that are looking for a truck. If it tried to cut corners, some customer might end up with a truck that had a malfunctioning part.

Other factors that a lawyer might choose to consider, when trying to identify the liable party

Were any laws broken?

—Did the driver’s actions constitute failure to obey a traffic law? Maybe a text message had distracted a driver. Perhaps the truck had exceeded the speed limit.
—Did the trucking company err by not allowing its employees enough rest time? Those companies are supposed to give their employees a sufficient level of rest time.
—Did the shipper place an excess amount of weight in the transport vehicle? Had the cargo been secured properly?

Had the driver’s problems resulted from possession of faulty equipment?

—Maybe the truck’s GPS system was not working correctly.
—Maybe the road signs were not well lighted.

It would be easier to sue the driver than the trucking or loading company. That company could afford to hire a good defense lawyer.

The defense team might try to allege that the motorist was partly to blame for a given trucking accident. For instance, the defense team might allege that the motorist had been traveling in the driver’s blind spot.

Alternately, the defense attorney might claim that the motorist had been distracted and had not seen a certain threat. Adjusters have learned how to suggest an error by the opposing party, one that somehow contributed to the other factors that caused the accident.

The plaintiff’s attorney would need to dissolve any connection between the motorist and the list of proposed mistakes. Instead, that same lawyer would need to focus on the connections between the laws and the actions of the other parties, specifically the trucking and shipping companies.

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