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Is There Third-Party Liability In a Trucking Accident Case?

by | Jan 23, 2019 | Truck Accidents

After a trucking accident occurs, there are plenty of questions that arise from the injured individual. What can I do to move forward? Can I take legal action to seek compensation? How am I going to make money when I can’t work because of my injury?

One of the biggest questions, though, is who is liable? Finding out the responsible party can help ease the legal matters and in trucking accidents, things can become complex if a third-party was involved in the cause of the crash.

What Would Third-Party Liability Mean?

When a trucking accident occurs, there are most often issues concerning the negligence of the driver, the company, or another employee within the industry. However, there are times when these collisions are caused by a defective or malfunctioning part on the truck.

For instance, if a truck is traveling down a steep grade, but they are unable to stop or slow down when approaching unexpected traffic due to brake failure, it may be due to a problem during the manufacturing process in which the brake part was made incorrectly.

If a defective product is the main cause of the accident, the manufacturer may hold some liability for the damages that were caused. Legal action may be taken against the manufacturer for their role in causing the crash.

Does this Impact a Lawsuit Against a Trucking Company?

Should a defective product be found to be a contributing factor, does this remove any and all liability from the trucking company? The short answer is, it depends. There are some things that need to be considered.

However, trucking companies can still be held accountable if they were aware of the defect and failed to properly maintain their truck to ensure safety. This means proving that the company knew of the risk and did nothing to fix or replace the part prior to the truck leaving their warehouse.

Negligence should never be accepted and our South Georgia trucking accident lawyers at The King Firm work hard to hold responsible parties accountable. Trust that we have your best interests in mind and are always looking to protect your rights to legal action.

Contact us at (229) 515-8585 to discuss your potential case.

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