Accidents involving trucks and semi-trailers often involve typical negligence or carelessness on the part of the truck’s driver.
However, there are times where other parties commit acts or fail to act in addition to the driver. Examples of other parties that may need to be named in a lawsuit include, but are not limited to loading companies, owners, carriers, employers and manufacturers.
These companies may be liable for improperly loading or securing cargo. Such failures can result in cargo coming off of the truck or causing the truck to travel erratically.
One primary example of owner liability is where a maintenance issue is present with the truck (e.g., the brakes were not properly maintained and resulted in an accident).
Often times carriers lease trucks from owners. Under the Ohio Revised Code, carriers engaged in intrastate trucking are primary insurers and insurers of the owners of the vehicle are secondary insurers. Carriers are often times the employer of the driver and may be held liable for the driver’s actions under the doctrine of respondeat superior (“let the master answer”).
Sometimes the driver of the truck is operating a vehicle that is not leased. Under such circumstances, it may be appropriate to name the driver’s employer.
Though somewhat rare, sometimes accidents are caused by a defective part or design concerning the vehicle itself. If such is the case, the manufacturer of the truck and/or part may need to be named.
Trucking accidents can be complex both in terms of injuries and damages caused, as well as deciphering responsible parties and their potential liabilities. Our attorneys fight for the rights of trucking accident victims in Ohio and Kentucky.
Call McKenzie & Snyder today and we’ll help fight for you! (513) 737-5180
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