Who Is Liable in a Trucking Accident?

If you or a loved one is involved in a truck accident, the first thing to do is get medical care. A large semi-truck can cause more damage than a passenger vehicle because it weighs tens of thousands of pounds.

After getting medical attention, consider filing a lawsuit to recover medical expenses, lost wages, pain and suffering, and property damage.

Determining who is at fault in a commercial truck accident is complex. Various people and entities can be liable. For instance, one company might employ a truck driver, and another might own and load the cargo. A third company might lease the truck to the trucking company. Depending on the details of your case, you may be able to sue any or all of these liable parties.

To understand your legal options and pursue compensation, get legal advice from an experienced truck accident lawyer.

How Is Fault in a Truck Accident Determined?

Determining who is liable in a truck crash depends on the facts of the case. You must show that a person or entity contributed to the accident through negligent, reckless, or intentional acts or omissions.

Many different parties may bear liability for a trucking accident, including:

• Truck driver
• Trucking company
• The company leasing the truck/trailer
• Truck manufacturers
• Third-party motorists

Because many parties can share fault, there could be several defendants in your truck accident case.

Most truck accident lawsuits are founded on the theory of negligence. To prove negligence, you need to establish that a defendant owed you a legal duty, failed to fulfill this duty, and that this breach caused you harm.

Truckers and trucking companies have legal responsibilities to the public. For example, truck drivers must obey the rules of the road, pay attention to traffic, and maintain their vehicles. Trucking companies must follow federal laws that regulate the trucking industry.

Claims Against the Trucking Company

You may be able to file a personal injury claim against the company that employed the truck driver. The trucking company could be at fault for the driver’s negligence if the driver was acting within the scope of their employment at the time of the accident. Employers are liable for the truck driver’s negligent acts while they are working.

Trucking companies have a responsibility to operate their commercial fleet in a safe manner. Truck companies that fail to take proper safety precautions are accountable for property damage and physical injuries.

However, if the driver was an independent contractor, the trucking company will generally not be liable for the driver’s negligence.

Federal Regulations That Can Affect a Trucking Company’s Liability

The Federal Motor Carrier Safety Administration (FMCSA) enforces federal laws that limit how many consecutive hours a trucker can work. If the trucking company encouraged the driver to work too many hours, they could be at fault.

The trucking company is also responsible for engaging in proper hiring, training, and supervision. They should do background checks on their drivers to ensure they are suitable for the job. You might be able to sue the employer trucking company if they knew that the trucker in your case had issues with drugs or alcohol.

Claims Against the Cargo Loader

A trucking company often acts as a contractor for a company that owns and loads cargo onto its trucks. In some cases, you can sue the company that loaded the cargo.

As with other aspects of trucking, cargo is subject to numerous regulations. Federal laws specify that cargo must be adequately secured, tied, and anchored. The cargo loaders must also position the load so that it does not fall out of the truck. There are additional rules for certain types of cargo, such as concrete pipes, boulders, and hazardous waste.

If overweight cargo contributed to the truck accident, ask your attorney whether you can sue the cargo loading company or shipper.

Claims Against the Owner of the Truck or Truck Manufacturer

Companies often have leases on their trucks rather than owning. If the leasing company’s behavior negligently contributed to your accident, it may be liable. Additionally, the leasing company could be liable if it neglected its truck maintenance duties.

In some cases, a tractor-trailer accident might occur because of defective brakes, a tire blowout, or other mechanical failures. If your truck accident happened because of an equipment malfunction, you might be able to sue the truck manufacturer.

Claims Against the Truck Driver

Employers are liable when employees are acting within the scope of their employment. In that case, you will probably sue the trucking company that employed the driver. However, if the truck driver did something illegal, like driving under the influence, you can sue them personally and the employer.

If the truck driver was the owner-operator of their commercial vehicle and worked as an independent contractor, you can likely sue them personally for negligence.

Claims Against the Entities That Designed or Maintained the Road

Local government agencies and their contractors are responsible for designing and maintaining roadways. They should maintain the roads to keep them in good shape and repair any known hazards.

Road hazards can make a truck swerve or roll over, causing catastrophic injuries. If a damaged road surface contributed to the truck wreck, you can file a claim against the agency responsible for road maintenance.

Truck Accident Liability in No-Fault States

Some states have no-fault liability for motor vehicle accidents. Personal injury protection (PIP) insurance covers drivers involved in an accident. Injured drivers recover medical expenses and lost wages from their own insurance company.

“If a victim is seriously hurt, they will qualify to pursue civil liability damages even under Utah’s no-fault system,” says Edward B. Havas, a personal injury attorney at Dewsnup King Olsen Worel Havas law firm in Salt Lake City.

“If they don’t qualify, the injury is not likely one that would be worth pursuing or economically viable to pursue. The no-fault coverage at least makes sure the medical bills are paid, and perhaps some time off work or help around the house. That’s why no-fault exists: To cover the smaller crashes where someone may need a little bit of treatment and help. But it’s more of a minor inconvenience than a major catastrophe.”

Why Hire a Truck Accident Attorney?

An attorney can help you determine who to sue in your truck accident case. A skilled truck accident attorney will do a thorough analysis of the facts of your case. They will gather evidence, police reports, and medical records.

Your attorney can deal with the insurance companies representing the trucker and trucking company. The insurance company will have a specialized legal team working hard to minimize the award amount you receive from them. Having an experienced attorney on your side will help you build a convincing case.

Truck accident lawyers typically offer a free case evaluation. Use this first meeting to get an idea about what they think your truck accident claim might be worth. Ask them about their experience taking truck accident cases to trial. Find an attorney with experience in truck accidents.

Ask for the attorney’s fee schedule at this first meeting. Most personal injury lawyers work on a contingency fee basis. When lawyers get paid a contingency fee, they collect a percentage of your jury award or settlement. These percentages can range from about 30 to 45 percent.

Find Legal Help

Contact a truck accident lawyer for legal advice about your case.