Multi vehicle accident photo by Ian Sane / CC BY 2.0
Truck accidents in Nashville and throughout Tennessee often result in severe injuries and property damage. Determining who is liable for the damages can be complex, but it is essential to understand the potential parties who may be held responsible. So, who is liable for truck accident damages in Tennessee?
The Truck Driver
In many cases, the truck driver may be liable for the accident because they are responsible for operating the vehicle safely and within the confines of the law. If the driver violates traffic laws, such as speeding or driving under the influence, they can be held responsible for any damages that result from the accident.
Fatigue and distraction are also common causes of truck accidents. Truck drivers often work long hours, and fatigue can impair their ability to drive safely. Similarly, distractions such as using a phone while driving can divert a driver’s attention from the road, increasing the risk of an accident.
The Trucking Company
If the truck driver was employed by a trucking company at the time of the accident, the company may also be liable for the damages. The trucking company is responsible for ensuring that their drivers are trained, their vehicles are well-maintained, and they comply with safety regulations.
As mentioned above, driver fatigue is a very common cause truck accidents. Drivers often work long hours and may be pressured by their employers to meet tight deadlines. If a company encourages or allows its drivers to work beyond the permitted service hours, the company may be liable for any accidents that occur.
The Truck Manufacturer
The manufacturer may be liable for damages if a defective part or system causes a truck accident. Defective parts can include tires, brakes, steering systems, and other components. If a component is defective, it may not function properly, causing the driver to lose control of the vehicle and resulting in an accident.
Truck manufacturers are responsible for ensuring their vehicles are designed and manufactured safely. They must conduct thorough testing to identify potential defects and take appropriate steps to correct any issues before the vehicles are sold to the public.
If a defect is discovered after the vehicle has been sold, the manufacturer may issue a recall to repair or replace the defective part. In some cases, however, a defect may not be discovered until after an accident. In these cases, the manufacturer may be held liable for any damages that result from the defect.
The Cargo Owner
If the accident was caused by improper loading or securing of the cargo, the cargo owner may be held responsible for the damages. This can occur if the cargo is overloaded, inadequately secured, or shifted during transport. Improper loading and securing of cargo is a common cause of truck accidents, especially when the cargo is heavy or oddly shaped.
Cargo owners are responsible for ensuring that their cargo is properly loaded and secured before transport. This includes following weight and size limits, using appropriate restraints and tie-downs, and properly distributing the weight of the cargo. If cargo owners fail to load and secure their cargo correctly, they may be liable for any damages resulting from an accident.
Conclusion
We hope this article on who is liable for truck accident damages in Nashville, and all of Tennessee was helpful to you. Determining liability in a truck accident is complicated. If you or a loved one were involved in a truck accident, contact us at Stillman & Friedland to schedule a free consultation. Our experienced attorneys will fight to protect your rights and help you obtain the maximum compensation available.
Contact our Nashville office at 615-244-2111 for a complimentary, confidential consultation, chat with us, or fill out a form. We will assess your case at no expense to you. We work on a contingency basis, meaning you only pay if we secure a settlement or jury award for you.
Stay safe out there.
Because we care…
