After an 18-wheeler accident, victims or their families often wonder who is responsible for the damages. Should you sue the driver, the trucking company, or both? These cases are complex, determining the liable party requires examining the accident’s details.
The Aranda Law Firm is an experienced El Paso truck accident lawyer who can help determine the best course of action. If you or a loved one has been affected, contact us at (915) 996-9914 for guidance.
Who Is Liable in an 18-Wheeler Accident?
Figuring out who is responsible after an 18-wheeler accident can be tricky. Liability depends on the cause of the accident and who was at fault. The truck driver and the trucking company could be liable.
Some key points in determining liability are:
- Driver’s negligence: Was the driver careless or violating safety regulations?
- Company’s responsibility: Did the company neglect its duty to maintain safe practices and equipment?
Knowing the cause of the accident is crucial, as this helps determine if the driver, the trucking company, or both should be held responsible.
When the Driver Could Be at Fault
In many cases, a driver’s negligence is a major cause of an 18-wheeler accident. Truck drivers have strict regulations to follow, including hours-of-service rules to prevent fatigue. If a driver:
- Fails to take required rest breaks
- Speeds or drives recklessly
- Uses a mobile device while driving
then the driver may be considered responsible for the accident. Violating these federal and state regulations can lead to serious accidents, especially with large vehicles like 18-wheelers.
When the Trucking Company Could Be at Fault
Sometimes, the accident may be due to issues with the truck itself or poor practices by the trucking company. For example, the company could be responsible if:
- Vehicle maintenance was ignored, leading to a mechanical failure
- Unsafe cargo loading caused the truck to lose balance or shift dangerously
- Improper hiring practices allowed an unqualified driver on the road
Trucking companies must follow federal regulations, like the Federal Motor Carrier Safety Regulations (FMCSR), to ensure road safety. They’re also required to carry a minimum of $750,000 in liability insurance and for companies hauling hazardous materials, that coverage increases to $5 million. This insurance can help cover serious damages, but it’s important to consult with an attorney before accepting any settlement.
Understanding Negligence in Trucking Accidents
To sue the trucking company, it must be proven they were negligent. This could mean failing to properly train or monitor their drivers or ignoring maintenance schedules for their fleet. Negligence might also involve breaking federal or state trucking laws designed to protect drivers and other road users.
Why Consulting an Attorney Is Essential
After an 18-wheeler accident, injuries can be severe and life-altering. Victims may face extensive medical bills, lost income, and emotional trauma. Speaking with a qualified attorney ensures you know your options and can make an informed decision. An attorney can:
- Gather evidence from the accident scene
- Review the trucking company’s safety records and maintenance logs
- Negotiate with insurance companies for a fair settlement
- Take your case to court if needed to seek proper compensation
At the Aranda Law Firm, we conduct a thorough evaluation of each case to determine the best approach.
Contact the Aranda Law Firm for Help
Navigating the complexities of an 18-wheeler accident case can be overwhelming, especially when dealing with severe injuries or loss. Trust the Aranda Law Firm to help you understand who to hold accountable and to fight for the compensation you deserve.
If you or a loved one has been affected by a truck accident, call us at (915) 996-9914 today for a consultation.
