Who May Be Held Liable for a Truck Accident?

Recent statistics show that fatal truck accidents are up by over 49% in the past ten years, with over 5,936 people getting fatally injured in trucking crashes in 2022 alone. Even when a trucking crash isn’t fatal for the victim, it can still cause a lifetime of losses as the person attempts to recover.

After a truck accident, it’s crucial to determine what caused the incident. If someone else’s negligence caused the crash, then you could have the option of filing a legal claim for financial compensation.

To determine your options, it’s usually best to talk to a local truck accident attorney about your specific circumstances. Below, we’ll go over a few different parties that could potentially be held responsible for your losses after a crash and how to identify the negligent party in your case.

Who is Liable in a Truck Accident?

First, what is liability, and why does it matter in your accident situation? Liability means legal responsibility in a specific situation. In the context of a trucking accident, the liable party would be the party responsible for paying all the financial losses associated with the crash.

The answer to who is liable in a truck accident hinges on who caused the accident, since the at-fault party will be considered guilty of committing negligence. Truck crashes are complicated, though, since truckers are often working for a company at the time of the accident. In these situations, it might be difficult to determine whether liability rests with the truck driver, the trucking company, or another negligent third-party.

Are Truck Drivers Responsible for Damages?

In general, a truck driver who is employed by a trucking company and driving as part of the course of their job will be shielded from legal responsibility after an accident. Even truck drivers who are driving under the influence of illegal substances or commit intentional acts of road rage that lead to a crash are protected from most lawsuits because the trucking company is considered responsible for their employees.

There are times when the truck driver will be held personally responsible for an accident and the fallout, though. For instance, many truck drivers are not employed by a company and are instead operating as an independent contractor. These types of truckers should have their own insurance policies to cover accidents they cause. They are not protected by any trucking company since they aren’t acting as employees of that company.

Other Parties That May Be Held Liable for a Truck Accident

Truck drivers are only one of the many potentially liable parties in your situation. Other third-parties who could’ve been negligent and contributed to your crash include the trucking company, the trucker’s maintenance company, a part manufacturer, other drivers, or even government entities.

Depending on the complexity of your case, you could even have multiple defendants who share partial liability for your losses.

Trucking Companies

Under vicarious liability laws, a trucking company can be held responsible for the negligent actions of their employees when the employee is acting within the reasonable scope of employment duties. In other words, when a truck driver is on the clock, the company is liable for their mistakes. A driver who makes negligent driving maneuvers like following too closely, speeding, or failing to check a blind spot before switching lanes and causes an accident won’t be held personally responsible for the crash. Instead, the company will be responsible. If the trucker isn’t on the clock, then they might be held responsible for the accident.

Under the law, trucking companies must follow all the rules and regulations set forth by the Federal Motor Carrier Safety Administration (FMCSA). This includes ensuring that drivers aren’t driving excessive hours, maintaining their trucks, and doing their due diligence when hiring drivers.

Maintenance Providers

Maintenance providers can also be held responsible for an accident if they don’t act with reasonable care when performing maintenance jobs on the truck. For instance, if a trucking company hired a maintenance provider to fix a faulty cargo ladder, but that ladder later fell from the truck and caused an accident, then the maintenance company will be considered responsible for the incident.

Manufacturers of Truck Parts

A truck manufacturer could also be responsible for your accident if faulty or defective products caused the crash. When a car part doesn’t work as intended, it can easily lead to a serious trucking crash. Faulty steering, for instance, will immediately cause the driver to lose control. If you believe a defective part may have contributed to your accident, then it’s important to launch an investigation into what happened. An attorney can help connect you with the right resources if you’re not sure how to begin researching whether a bad car part caused your crash.

Government Entities

Federal, state, or local government entities are responsible for maintaining public roadways. If poor road infrastructure caused or contributed to your accident, then it might be possible to seek out compensation from the government. Poor road infrastructure could include things like serious potholes, a lack of proper signage, or poor road design.

How to Determine Liability in a Truck Accident

Sometimes, truck accident liability is apparent to everyone involved. For instance, if the truck driver was engaging in distracted driving or fell asleep behind the wheel, then it’s clearly the truck driver who was at-fault. Not all situations are so straightforward, though, so some truck accident victims have to go through a lengthy process to identify who could be at-fault in their accident case. Below, we’ll go over the steps to take to ensure you secure justice after your crash.

Steps to Take After a Truck Accident

First, you’ll want to call the police at the accident scene. They’ll provide you with the medical care you need and begin investigating what happened. Once you get the medical care you need, you should contact a truck accident attorney. Your lawyer can help you navigate calls with insurance companies and other parties contacting you about the crash.

Gathering Evidence

Next, you and your attorney will begin gathering up all the evidence you need to prove who caused the crash and how much you’ve lost. To ensure you get a fair settlement, you need to fully analyze the extent of your long-term losses and provide extensive documentation that backs up all your claims.

Consulting with an Attorney

Consulting with an attorney is a crucial part of pursuing legal compensation, especially if you want to achieve financial recovery for damages that are difficult to prove, like pain and suffering. The right attorney will carefully consider the settlement offers you receive and work hard to ensure you don’t accept less than what you deserve.

The legal advocates at Kermani LLP have been practicing law together since 2011. Over the years, our office has handled massive cases and we’ve secured serious million dollar settlements for clients in need, so we know exactly what it takes to successfully pursue a truck accident claim.

If you’re ready to get started on your claim for justice, then schedule a consultation with our office now.