Due to precautions related to COVID-19, we have expanded our options for remote consultations. Please contact our office to discuss whether a full phone consultation or video conference is appropriate for your situation. If you need to drop documents off, please make arrangements with the attorney on your file.

A Full-Service Law Firm
Located in Quincy, Massachusetts, Levin and Levin, LLP was established in 1933 as a full-service law firm committed to providing clients throughout the South Shore with the highest level of legal representation available.

Who is liable in a truck accident?

On Behalf of | Mar 25, 2022 | Injuries

If you are hurt in a truck accident, one of the first things you may ask is who is liable. The liability for a truck accident will depend on if the driver was responsible for the crash, if they’re a contractor or if they work for a company. There may also be other factors, such as if there were mechanical failures that may be the responsibility of a mechanic or other company.

After a crash, it’s important to identify who may be to blame. Determining fault may help you claim against one or more parties. Some people who may be responsible and liable for the crash could include:

  • The truck driver
  • The truck driver’s employer
  • The mechanics who worked on the truck
  • Third parties, like other drivers who caused the truck driver to hit you
  • The manufacturers who made parts for the truck

These and other parties could be held liable if you are harmed in a truck accident. Determining exactly who is to blame isn’t always straightforward, but it is possible if you go through the case step-by-step.

What do you need to know about vicarious liability?

Vicarious liability is an important term to understand because it is how you could potentially hold a truck driver’s employer liable for their actions. With vicarious liability, the employer is held responsible because the victim asserts that they should have known about the driver’s inability to drive safely. Additionally, the employer is responsible for appropriate training, which could lead to a crash falling back on them and being their responsibility.

Employers are regularly held liable for their employees’ actions, so if a driver is employed, you may have a case against the employee and employer. On top of that, if there were defects or other issues involved in the case, you could make claims against parts manufacturers, mechanics or others responsible for the malfunction that led to your injuries.

There are all kinds of people who could be held liable for a collision. Whom you’ll be able to hold accountable will depend on the specific factors involved in your truck accident case.

FindLaw Network