In any motor vehicle accident, it is common to assume that one of the drivers involved was at-fault for what happened. This is particularly true when it comes to commercialtruck accidents in Vermont. After all, if an 80,000 pound tractor-trailer jackknifes on I-89 and several passenger vehicles crash into the truck, the first thing you are likely to ask is, “What did the trucker do wrong to cause such a horrific accident?”
Now, it is true that truck driver negligence often plays a key role in an accident. Truckers who fail to obey the rules of the road, drive while fatigued or intoxicated, or simply take too many risks in an attempt to keep their schedule are often to blame for a preventable truck accident. But that is often not the whole story.
The reality is that truck accidents are often more complicated affairs to sort out in terms of legal liability. There may be a number of third parties who were not present at the scene of the accident yet whose actions–or inactions–played a decisive role in the events that transpired. With that in mind, here are five other parties who may be at-fault for a Vermont truck accident.
- The Truck’s Owner
About half of the truck drivers currently working in the United States are owner-operators who transport cargo for-hire using their own vehicles. This means that the other half of truckers are generally employees who drive trucks owned by someone else, typically a corporation or limited liability company. Under Vermont law, the corporate owner of a truck can be held vicariously liable for the negligent acts of their employees. In simple terms, if a negligent trucker causes an accident, the victims can sue and recover financial compensation from the company that owned the truck and employed the driver.
Additionally, truck companies that employ their drivers may be held responsible for negligence in the hiring, training, and supervision of such employees. For example, if a trucking company failed to perform proper background checks and hired a driver with a history of DUI convictions, and that driver subsequently causes a trucking accident while intoxicated, the company could be found negligent for their hiring and supervision of that driver separate from any vicarious liability.
- Cargo Loading and Shipping Companies
Commercial 18-wheelers often carry cargo loaded by third-party companies who are legally distinct from the truck driver and truck owner. These shipping companies are generally responsible for safely and securely loading the truck’s cargo to meet their customer’s orders. Indeed, there are strict federal and industry regulations that must be followed to ensure cargo does not become loose or shift abruptly during transit.
If these rules are ignored, the result can be a catastrophic accident. Loose cargo can escape the truck and strike another vehicle on the road. And an imbalanced load may lead the truck driver to suddenly and unexpectedly lose control of their vehicle, leading to a rollover or jackknife accident. In any of these scenarios, the company that improperly loaded the cargo can be held legally responsible for the accident victims’ injuries.
- Truck Repair Companies
Given the amount of wear and tear a semi-truck sustains during its operational lifetime, these vehicles require routine inspections and maintenance. As with all aspects of commercial trucking, there are regulations that must be followed in this area. Most truck owners rely on third-party companies to perform the actual inspections and any necessary repair work.
If it turns out that a repair shop or maintenance company failed to do its job properly, that could make it legally liable for an accident. For example, if a mechanic failed to notice that a clearly worn-out tire needed to be replaced and that tire subsequently suffers a blowout on the road, the mechanic can be found negligent for failing to properly perform maintenance.
- Truck Manufacturers and Parts Manufacturers
A commercial truck is a complex machine made up of thousands of parts. Each of these parts must be carefully designed, manufactured, and installed to ensure the finished truck operates properly and as intended. If there is any defect in the design or manufacturing process, the manufacturer can be held liable for a truck accident caused by said defect.
Under Vermont law, the manufacturer of any truck–or any specific part of that truck–can be held liable if a defective design, defective manufacturing process, or failure to give proper instructions leads to an accident that injures innocent people. In some cases this falls under strict liability, which means the victims do not have to prove the manufacturer was negligent. They only need to show the product was defective in some way when it left the manufacturer’s control.
- Vermont State and Local Governments
Dangerous road conditions are sometimes a factor in truck accidents. If a commercial truck hits a pothole or poor roadway design significantly increases the likelihood of a serious accident, the State or Vermont or the local government responsible for the road may be liable to the victims for any damages. Normally, this requires proof that the government in question knew about the dangerous condition and failed to take corrective action within a reasonable period of time. Also note that lawsuits against the state and its subdivisions must comply with special rules that do not apply to personal injury claims against private individuals and companies.
Contact a Vermont Truck Accident Lawyer Today
As you can see, there are a number of parties aside from a truck driver who may be legally responsible for a truck accident. This is just one reason it is critical to work with a qualifiedVermont truck accident attorney who can fully investigate a crash and identify all of the potential defendants. If you, or someone in your family, has recently been injured in a truck accident, please call Larson & Gallivan Law today at 802-327-8458 to schedule a free initial consultation.
