Everything we own was on a truck at some point before it came to us. Trucking companies are the lifeline of commerce. We see these huge machines, and we are in awe of their power. We have become accustomed to sharing the roads with the truckers. But, when we have an accident that involves a truck, we realize that the industry is multilayered, and we are not sure of who must assume the liability. This is where a Miami truck accident lawyer comes in.
The Truck Driver
When a truck driver assumes the position of driving a load, he has certain responsibilities. He must make sure he has the proper driver’s license. He must ensure that the truck is loaded properly and secured. He is required to stop anyone from overloading the truck, because the truck has a maximum capacity that it can haul safely.
The driver must keep a logbook that shows how many hours he has driven and how many hours he has rested. The law requires that a driver take a break after he has driven for a certain amount of hours. Click here for details.
The truck driver must obey all of the traffic laws. They must stop at required weigh stations.
When a truck driver is personally responsible for an accident, he may be personally sued. This does not mean that he is the only one that can be sued. The trucking company carries a lot of responsibility for the maintenance of their trucks, and screening and testing of their drivers.
The trucking company must make sure all paperwork, insurance, and records are in order. They are required to make sure their drivers are safe to operate their vehicles on the road.
There are times when the truck and the driver have done everything they are required to, but there is still an accident. Let’s assume that the truck line recently had the truck repaired. Perhaps the brakes were replaced. When the driver applies the brakes in traffic, they failed to stop the truck.
In a case like this, the company that made the breaks could be the liable party, if it is shown that the breaks were defective. If upon examination it is determined that the brakes were not defective, but they were installed incorrectly, the mechanic may have some liability. This could be from not adding the correct fluids, attaching the air brakes properly, etc..
The Loader Of The Truck
As stated, every truck has a maximum weight they can safely carry. If the load is oddly shaped or heavier on one end than on the other, concessions must be made. The person or company loading the truck must load it according to the guidelines of the manufacturer of the truck.
They must also ensure that the load is properly secured so that it cannot fall out of the truck while it is in motion. Failure to do these things can cause items to fall off or out of the truck. In some cases, it can cause the truck to turn over. If you are driving behind or beside a truck that loses its load or flips, it will not end well.
No matter who is at fault, you need a truck accident attorney. When you are involved in an accident with a truck, you must first seek medical attention. But, the next call you make should be to a qualified attorney.