Determining liability in a Tulsa truck accident case requires looking beyond just the driver behind the wheel. While the truck driver is often at fault, the trucking company, the cargo loading crew, a maintenance contractor, or a parts manufacturer could also share responsibility depending on how the crash happened. Identifying every liable party matters because it directly affects how much compensation is available to you.
An experienced truck accident attorney in Tulsa can investigate the circumstances and help you figure out who should be held liable. Until then, continue reading for information that you can refer to in the meantime.
The Truck Driver
The driver is the most obvious starting point in any truck accident investigation. If the crash was caused by something like speeding, for instance, the driver may bear personal liability.
Violations of federal hours-of-service regulations are especially common in these cases as well. In many circumstances, electronic logging device data and the driver’s service records can help establish whether they were operating beyond the legal limit at the time of the collision.
The Trucking Company
In many cases, the trucking company itself is just as responsible as the driver. Under a legal theory called vicarious liability, an employer can be held accountable for the negligent actions of its employees when those actions occur within the scope of employment. However, the company can also face direct liability for its own failures, such as:
- Hiring drivers without conducting proper background checks
- Failing to enforce federal safety regulations
- Pressuring drivers to meet unrealistic delivery schedules
- Neglecting required vehicle inspections and maintenance
If the company’s own policies or culture contributed to the conditions that led to the crash, it may owe you compensation independent of the driver’s individual fault.
Cargo Loading Companies
How a truck’s freight is loaded plays a critical role in how safely the vehicle handles on the road. If cargo was overloaded, for example, the company responsible for loading it may share liability. Shifting freight can cause a driver to lose control, potentially leading to jackknife accidents and other relatively serious forms of collisions.
Maintenance Contractors and Parts Manufacturers
Trucking companies frequently outsource their vehicle maintenance to third-party shops. If a mechanic performed negligent repairs or failed to catch a known issue during an inspection, that contractor could be on the hook for resulting injuries.
Similarly, if a defective component like a faulty brake system or a blowout-prone tire contributed to the crash, the manufacturer of that part may be liable under a product liability theory.
Government Entities
Road conditions can also play a role in some truck accident cases. For instance, if a poorly maintained road or dangerous intersection contributed to the crash, the government entity responsible for that stretch of road could share some liability.
These claims come with shorter filing deadlines and additional procedural requirements; however, making it important to take legal action as soon as you suspect you have a valid claim.
Contact a Truck Accident Lawyer Today for a Free Consultation
Truck accident liability is rarely straightforward. However, that complexity can actually work in your favor when multiple parties contributed to the crash, as it can increase the value of your claim significantly.
Reach out to Gorospe Law Group today for help after a truck accident in Tulsa, Oklahoma, by giving us a call at (918) 771-9458 or by reaching out online. We’ve won millions of dollars for our clients and are ready to get started on your case next.