Who is Liable in a Cumberland County, VA Trucking Accident?

With Interstates 65, 95, and 85 running just a few miles east, truck accidents in Cumberland County, VA are far too common. According to Virginia Traffic Crash Facts, there were a total of 4,570 collisions involved commercial motor vehicles in 2017. These incidents took the lives of 94 victims, while another 1,877 people were hurt. Liability is one of the primary concerns when you’re filing a claim for compensation. As the victim of a collision involving a large truck, it’s essential to hold the correct party responsible for your losses. A  trucking accident attorney will investigate and develop a proper strategy regarding your claim, but you may find it useful to review a list of potential parties.

The Truck Driver 

The most direct, obvious party for liability purposes is the operator of the truck. Some examples of truck driver negligence include:

• Speeding or taking turns too quickly;
• Failure to yield;
• Following too closely;
• Not complying with Hours of Service laws;
• Other violations of Virginia’s traffic laws;
• Distracted driving, such as texting, talking on the phone, or eating; and,
• Many other careless acts that amount to negligence behind the wheel of a truck.

A Trucking Company

When there is an employment relationship, the trucking company may also be responsible in a trucking accident. Employers are often held liable for the acts of their employees when workers are performing job-related duties, under the legal theory of respondeat superior. In addition, a truck company may be responsible where it failed to properly inspect or maintain the truck or trailer.

Cargo Loading Company

Some crashes can result from negligence by the entity that loaded cargo onto the truck’s trailer. If the loader didn’t fully inspect the cargo and sufficiently secure it, the company may be liable for containers, equipment, or other debris that falls off and causes an accident.

Other Potentially Responsible Parties

In addition to the above, you may seek compensation from other parties that were involved in creating a dangerous situation and causing a trucking accident. If a defect in the truck, trailer, or components was a factor, you may pursue the manufacturer for the losses you sustain as an injured victim. Plus, any company tasked with training and educating truck drivers must meet certain standards before the operator can be properly licensed.

You should also note that potential parties in a trucking accident usually have insurance policies to cover losses in the event of a crash. You will likely be filing a claim with an insurance company instead of pursuing the individual or company directly. Insurers can be difficult to work with, since they’re dedicated to protecting their profits – not your interests.

Discuss Liability with a Trucking Accident Attorney

For more information on truck collisions, please contact the Herbert Maxey Law Firm. Our team can set up a case evaluation with Herbert E. Maxey Jr., who will review your case and explain your options. You’re in a better position to recover the compensation you deserve when you retain a lawyer experienced in trucking accidents.