Third-Party Liability in Milwaukee Truck Accidents
The majority of motor vehicle accidents involve passenger vehicles. Generally, these accidents are caused by one or both of the drivers involved.
The costs and injuries associated with a motor vehicle accident can be devastating for anyone involved; however, the chances of lifelong disability and overwhelming medical expenses increase whenever a large truck is a party to a crash.
Who are Third-Parties in Milwaukee Truck Accidents?
Third-parties in a truck accident are non-drivers who may share responsibility for the accident. Determining third-party responsibility is one of the most vital roles an experienced truck accident attorney plays for their client.
Third-party claims help to compensate victims for their injuries, costs, property damage, and any ongoing medical needs.
Potential Third-Parties in Milwaukee Truck Accidents
Potential third-parties in a Milwaukee truck accident can be any participant in the commercial trucking process. Many people and companies play a role in putting a large truck and its cargo on the road.
For example, one or more of the following parties may share responsibility for a truck accident:
- The truck company;
- The truck manufacturer;
- The truck maintenance facility;
- The cargo loaders;
- The truck owner; and
- A governmental agency or municipality.
A thorough accident investigation and evidence collection will be necessary to support any claims as to liability.
When are Trucking Companies Liable for Milwaukee Truck Accidents?
Trucking companies may be liable for a truck accident if they ignore or otherwise neglect safety protocol and Federal Motor Carrier Safety Administration (FMCSA) regulations.
This could include any of the following behavior:
- Overworking drivers;
- Overloading cargo;
- Failing to train drivers;
- Hiring under qualified drivers;
- Failing to inspect and maintain trucks; and
- Allowing drivers to operate vehicles without the proper license.
Trucking companies are highly regulated by the FMCSA which maintains guidelines for cargo management, the licensing of drivers, driver hours of service, drug testing, and much more.
When are Truck Manufacturers Liable for Milwaukee Truck Accidents?
When a truck accident is the result of a defective truck part or mechanical system, the manufacturer of that device may be held accountable.
When are Truck Mechanics Liable for Milwaukee Truck Accidents?
A maintenance facility may be liable for a truck accident if it failed to properly perform a repair or advise a driver about foreseeable maintenance needs.
When are Cargo Loaders Liable for Milwaukee Truck Accidents?
Improperly loading truck cargo can cause cargo to shift and lose balance. This may lead to:
- Loss of truck control;
- Tire blowout; and
- Brake or transmission failure.
Any negligent loading, inspection, or overloading of cargo may open a cargo loader to truck accident liability.
When are Truck Owners Liable for Milwaukee Truck Accidents?
Some trucks are driven by owners. Others are leased from owners or are the property of a trucking company.
It is the truck owner’s responsibility to ensure a truck is in good condition, maintained, and road-ready.
When can a Government or Municipality be Liable for a Milwaukee Truck Accident?
Poor construction planning and failure to maintain roadways may point to government or municipality liability for a truck accident. These are special cases with specific guidelines and limited timeframes for filing.
An experienced truck accident attorney can further explain governmental liability and limits on suing the government in Milwaukee.
Contact an Experienced Milwaukee Truck Accident Attorney Today
Speak with a truck accident attorney at Mingo & Yankala today to learn more about the truck accident claims process. It is vital to have an experienced Milwaukee attorney by your side throughout your truck accident claim. This will ensure you are treated fairly by any insurance companies.
There is no risk to consult with a truck accident attorney at Mingo & Yankala. Your claim review is complimentary. Let our skilled team answer your truck accident questions.