Commercial trucks are large, heavy vehicles that require a lot of care
and due diligence on behalf of the owner and operator in order to ensure
safety. However, truck accidents still happen fairly frequently, and have
a much higher chance of causing a serious injury. When an accident does
occur, who is held liable?
The easiest answer would be to hold the driver liable, particularly in
instances where the accident was caused by driver error. However, this
is rarely applicable, and requires that the driver be both the owner and
operator of the vehicle. More realistically, the trucking company who
owns the truck is the one who will be held liable.
One of the duties truck owners have is to ensure the safety of those on
the roads along with their trucks, and they have many obligations they
must adhere to in order to do so. If they are negligent on any of them,
including maintenance, driver training, and adherence to trucking laws
and regulations, they could be held liable in the event of an accident.
For this reason, even in cases of driver error, the trucking company could
still be held liable. Truck owners are responsible for the actions of
those they put in the driver seats of their fleets, and thus their actions
will directly reflect on the company if recklessness or inexperience causes
Instances of negligent maintenance or equipment failure almost always place
exclusive blame on a trucking company. Trucks require extensive maintenance,
including constant checking of tires, brakes, fluids, lights, and more.
However, all of this maintenance can add up and become expensive, particularly
for companies with larger fleets. Frequently, these companies will forego
some of this maintenance on their vehicles, which dramatically increases
the chance of mechanical failure, and subsequently the chances that their
vehicle causes a potentially devastating accident.
If you need assistance after you or a loved one has been injured as a result
of a serious trucking accident, call
Leavitt, Yamane & Soldner today. In our more than 100 years of combined experience, we have proudly
served the islands as some of the premiere Hawaii truck accident attorneys.
We bring our knowledge, compassion, and detailed familiarity with the
law to each of our cases, and work diligently to protect your rights and
best interests after your life is impacted by a truck accident. We have
been recognized and honored with industry accolades for our distinguished
counsel, including selection by Super Lawyers®.
Call Leavitt, Yamane & Soldner today at 808-518-2120 to schedule a