A truck accident facts determine who is responsible. You must establish that a person or organization’s actions or inactions—negligent, reckless, or intentional—contributed to the truck accident to pursue legal action. A negligence-based defense applies in the majority of truck accident lawsuits.
You must prove that someone or something owed you a legal obligation, that they failed to perform it, and that this breach resulted in injury to you to prove negligence. Numerous legal responsibilities or duties to the public apply to Utah truckers and trucking businesses. They must, for example, abide by the traffic laws and federal regulations that govern the trucking business.
Multiple defendants may be in your truck accident case since various parties may be at blame. Determining truck accident liability in Utah will probably require the assistance of an experienced truck accident lawyer. Here are a few examples of defendants in truck accident lawsuits.
The trucking company
You might sue the business that hired the truck driver. If the truck driver was negligent while carrying out work-related duties at the time of the accident, the trucking business might be liable. The trucking firm is responsible for the truck driver’s careless actions while at work because they are the employer.
Courts will examine how much control the trucking firm had over the driver to determine if the driver should legally be regarded as an employee or independent contractor.
The truck driver
Let’s say the driver negligently operated the truck when the accident occurred. It’s more probable that you’ll file a lawsuit against the driver. The truck driver can be individually sued if they engage in criminal behavior, such as texting or driving while intoxicated. Most of the time, employers are not held accountable when their employees commit crimes.
Furthermore, if the truck driver was the owner-operator of their commercial vehicle and employed as an independent contractor, you might probably bring a personal injury lawsuit against them for carelessness.
The cargo loader
You might sue the company that loaded the goods in some circumstances. Cargo is subject to many rules, just like other trucking-related elements, and Federal regulations mandate that cargo be adequately fastened, moored, and secured.
The load must be in a way that it won’t exit the truck by accident by the cargo loaders. Ask your lawyer if you can file a lawsuit against the cargo loading business or the shipper if loose or overweight cargo played a part in your truck accident.
Those responsible for manufacturing or owning trucks
In the trucking business, businesses frequently lease their vehicles rather than own them. You could also be able to bring a claim against the leasing company if their negligence caused your accident. Further, if the leasing firm fails to perform its truck maintenance obligations, it may be held accountable.
Specific technical issues, such as faulty breaks, tire blowouts, or other malfunctions, may result in a tractor-trailer accident. You might file a lawsuit against the manufacturer of the truck or any truck parts if a defect in the equipment led to your truck accident.