Due to their massive size and weight, semis and commercial trucks are some of the most dangerous vehicles on the road. A fully loaded big rig can weigh 80,000 pounds, compared to the average passenger vehicle’s 5,000 pounds. The impact between the two can cause catastrophic injuries and fatalities.
If you’ve suffered injuries in a crash with a commercial truck, you may be entitled to compensation from the responsible party. When determining who is liable in a truck accident, there are multiple factors to consider, including the potentially liable parties and extensive federal regulations. Identifying who is legally responsible for a truck accident can be complex. Contact Feller & Wendt, LLC™ to get help navigating this process.
Who Can Be Held Liable After A Truck Accident?
According to the Federal Motor Carrier Safety Administration (FMCSA), over 119,000 crashes involving large trucks caused someone to suffer an injury in the United States in 2021. Many of these injuries were severe or resulted in lifelong complications.
After a truck crash, it’s critical to determine what caused the accident so you can file a legal claim for compensation against the responsible party. You may be eligible to recover damages for medical expenses, lost wages, and pain and suffering. Before you can file a case, you’ll need to know who was liable in your truck accident.
Truck Driver Liability
It’s common to immediately blame the truck driver when a crash happens with a commercial vehicle. After all, truck driving is dangerous, and sharing the road with large trucks has become challenging due to their sheer numbers and size. There are many reasons why a truck driver might be liable for a serious accident. These include:
- Distracted driving
- Speeding
- Aggressive driving
- Failure to yield
- Improper lane changes
- Substance use
- Drowsy driving
Truck drivers are under immense pressure to meet strict deadlines, even in the face of road and weather delays. They must also know and follow hours-of-service rules set by the FMCSA, which limit how many hours a truck driver can be on the road without a break. If a trucker involved in a crash has violated FMCSA regulations or standard traffic laws, they could be held liable for causing the accident.
Trucking Company Liability
It may be tempting to blame all trucking accidents on truck drivers, but the driver’s employer could be the responsible party. The truck driver might have done everything in their power correctly, but an accident still happened. Ways a trucking company could be liable for a truck accident include:
- Failing to properly screen job candidates before hiring
- Not conducting regular drug and alcohol testing of drivers
- Neglecting to fully and properly train drivers
- Lack of maintenance of vehicles, making them unsafe to drive
- Creating impossible deadlines that require drivers to engage in risky behavior
Vehicle/Parts Manufacturer Liability
Some truck accidents are caused by the failure of one or more components in the vehicle. Examples include brake failures, tire blowouts, or coupling system problems. If the system or part was defective, you may be able to file a product liability claim to hold the vehicle or parts manufacturer accountable.
Cargo Owners & Loaders Liability
A poorly secured or uneven load can cause instability or lead to flying debris that causes an accident. Trucks that transport hazardous materials must follow strict rules for loading and securing those items. A business in charge of loading and securing cargo could be held responsible for an accident caused by overloaded trucks, improper securement, or hazardous material violations.
Maintenance Providers Liability
Trucking companies often outsource their vehicle maintenance to third-party providers. The mechanic or repair shop may be held responsible if a mechanic’s negligent repair work causes a truck crash. If a third party fails to conduct regular safety inspections, any related failures that contributed to a crash could be their responsibility.
Government Entities Liability
If a road hazard, such as poor signage, broken pavement, or a soft shoulder, contributed to a collision with a commercial truck, the local or state government responsible for that roadway may be held responsible. A negligent contractor hired by a government entity could also be held accountable if their action or inaction contributed to an accident.
Insurance Companies' Role in Liability
No matter what party or parties are responsible for your truck accident, you will likely hear from their insurance company. You should be aware that these insurance providers don’t have your best interests in mind. Many use high-pressure tactics to get accident victims to admit fault or settle claims for less than their true value. In fact, insurers often dispute claims to limit payouts, which is why it’s important to consult with a skilled truck accident attorney about your rights.
How is Liability Proven in a Truck Accident?
Most truck accident cases settle out of court. The accident victim, usually through the assistance of a personal injury lawyer, files a claim against the responsible party.
To prove liability, our firm uses a combination of:
- Primary evidence: police reports, black box data, and dashcam footage
- Supporting evidence: trucking records, driver logs, and accident scene documentation
- Expert analysis: accident reconstructionists and forensic analysis
If the insurance company doesn’t offer what your case is worth, you can take your case to court to pursue damages. Each state sets a deadline for filing a lawsuit, called the statute of limitations. Your best course of action is to pursue justice as soon as possible after the accident.
What if Multiple Parties Caused the Truck Accident?
Truck accidents can be incredibly dangerous due to the massive size of the vehicles, the cargo they carry, and the tight deadlines many drivers are asked to keep. These accidents can also be complex because multiple parties could be liable for your damages. For example, a truck driver might cause an accident by driving recklessly, but a cargo loader could also be responsible if they failed to properly secure the load. This would make both parties partially responsible.
When more than one party, such as a driver, trucking company, or manufacturer, is responsible for a crash, multiple insurance companies may be involved. Your state’s comparative or contributory negligence laws could apply if you are found partially at fault for the accident. Depending on your state’s law, your total reward might be reduced or even completely barred if you are found responsible at all. These complex legal issues require the assistance of a seasoned truck accident attorney.
Common Challenges in Truck Accident Claims
Truck accident victims deserve fair treatment and just compensation in the aftermath of a serious accident. Unfortunately, truck accident claims are riddled with complex challenges that can prevent you from getting the justice you deserve.
If there is more than one responsible party, there may be conflicting reports of the events leading up to the accident. Trucking companies and their insurers are known for delaying investigations and even destroying valuable evidence like the truck’s black box. Finally, it’s not uncommon for insurance companies to blame the victim in hopes that they give up or accept a small settlement. Don’t allow this to happen to you.
Call an Experienced Truck Accident Attorney Today
With over 70 years of combined experience, our team of knowledgeable lawyers has won millions of dollars in compensation for our clients. At Feller & Wendt, LLC™, we provide an unmatched level of client service while aggressively protecting our client’s rights at each stage in the legal process.
If you’ve been involved in a truck crash, we’d be honored to serve you from our offices in Utah, Idaho, and Arizona. Call (801) 499-5060 or complete our online contact form to receive a free case evaluation with one of our truck accident attorneys now. We won’t charge you any fees upfront, and you won’t owe us anything unless we win your case.
* This information provided by Feller & Wendt, LLC™ is for informational purposes only and should be in no way construed as legal advice.
