Commercial truck accidents can result in severe injuries, significant damages, and lasting issues for the victims. In a typical car accident, liability may only fall on the individual driver. In other cases of a truck accident, there are many different parties to consider, making determining liability more complex. While the truck driver could be responsible, it can also be the responsibility of the truck company, vehicle owner, maintenance company, cargo loading company or even a manufacturer.
It is crucial to understand who may be liable for a commercial truck accident because knowing all those responsible can help provide injured victims with the opportunity to secure a fair settlement for their medical costs, lost wages, property damage and emotional distress.
Why Commercial Truck Accident Liability Is More Complicated
There is a vast network of businesses and individuals involved with commercial vehicles. One truck can belong to one firm, be driven by another firm, loaded by a third firm, and serviced by another firm.
These relationships are complex, so a commercial truck accident investigation goes beyond the driver of the truck. Investigators review driver logs, company policy, vehicle maintenance logs, cargo records, electronic logs, and other documents to see who was at fault for the crash.
Here are some of the more common causes of commercial truck accidents:
- Driver fatigue
- Driving faster than the speed limit, or in a reckless manner.
- Distracted driving
- Poor vehicle maintenance
- Defective truck parts
- Improperly loaded cargo
- Unsafe company practices
- Standards violations for trucks
Everyone’s situation is unique, and there can be more than one responsible party.
Truck Driver Liability in a Commercial Truck Accident
Unfortunately, the first person investigated after a crash is usually the truck driver. If the driver failed to take proper care of the road and caused the accident, then they could be held responsible.
It is the responsibility of the truck driver to ensure that their truck is driven safely and that they abide by traffic laws. Their negligence can result in serious accidents when they neglect this responsibility.
Some examples of driver negligence are:
- Driving while distracted
- Speeding
- Ignoring traffic signals
- Driving while intoxicated or on drugs
- Falling asleep due to fatigue
- Failing to check blind spots
- Violating hours-of-service rules
For instance, if a truck driver continues to drive after the legal hours are up, and the accident is caused by driver fatigue, the driver could be held responsible for the injuries and damages resulting from the accident.
Trucking Company Liability
A commercial trucking company can be one of the most crucial parties in a commercial truck accident claim. A trucking company can be responsible for the actions of its employees while they are working.
This is sometimes referred to as “vicarious liability” and means that the employer can be liable for an employee’s negligence if the employee was doing something in the course of their employment.
In addition to being liable for the misconduct of other people, a trucking company may also be held directly responsible for its own acts of negligence, such as:
- Employing a non-licensed motorist.Using an unlicensed driver.
- Not training appropriately
- Failure to take driver safety violations into account
- Making unrealistic delivery schedules for the drivers.Tightening delivery schedules for drivers.
- Failure to keep trucks in good shape.
Suppose a business has a driver who has a history of dangerous driving who causes an accident, for instance, the company could be held liable.
Truck Owner or Leasing Company Liability
However, not all trucks are owned by the company running them. Some commercial trucks are leased from some other business or individual.
If there are issues with the vehicle itself that were a factor in the crash, the owner or leasing company might be liable.
- Examples include:
- Refraining from carrying out the necessary inspections.
- Ignoring mechanical problems
- Giving unsafe cars and trucks permission to drive on the roads.
- Not fixing identified issues
If there is a brake failure, steering problem, or tire problem, and the collision occurs, the company that owns the truck could be held responsible.
Cargo Loader and Shipping Company Liability
Cargo is a significant factor in many commercial truck accidents. Trucks that have cargo not loaded properly or that are not secured can be difficult to control.
If there were errors in the loading process that led to the crash, then a cargo loading company or shipping company could be responsible.
Some instances of cargo negligence are:
- Overloading the truck
- Uneven weight distribution
- Not fastening the load securely.
- Handling hazardous materials in an unsafe manner
Any change in load can lead to a rollover or loss of balance or may necessitate a greater stopping distance, especially in a truck. In these cases, the company loading the cargo might be liable as well.
Maintenance Company Liability
Many trucking companies will use third party repair shops to keep their vehicles in repair. Responsibility of these maintenance providers is to carry the repair job properly.
If the accident is caused by poor workmanship, a maintenance company may be liable.
- Examples include:
- Incorrect brake repairs
- The failure to recognise mechanical issues
- Using defective replacement parts
- Skipping required inspections
For example, if a repair shop assures a customer that the truck brakes are in good condition but didn’t catch a major fault, the company could be liable if a subsequent accident is caused by brake failure.
Truck Manufacturer or Parts Manufacturer Liability
Sometimes a commercial truck accident happens because of a defective vehicle or component.
Manufacturers may be held responsible when a design flaw or manufacturing defect causes an accident.
Potential defective parts include:
- Braking systems
- Tires
- Steering components
- Safety equipment
- Trailer connections
A victim may have a product liability claim if a defective part contributed to their injuries.
Freight Broker Liability
Freight brokers connect companies that need goods transported with trucking companies that provide transportation services.
In some cases, a freight broker may share liability if it was negligent in selecting an unsafe transportation company or failed to take reasonable steps to ensure safety.
For example, if a broker knowingly hires a company with serious safety problems and an accident occurs, the broker may face legal responsibility.
Government Entity Liability
Although less common, a government agency may sometimes be responsible for a commercial truck accident.
Poor road conditions, unsafe highway designs, missing signs, or dangerous construction areas can contribute to crashes.
If a government agency failed to properly maintain a roadway or correct a known hazard, it may be held responsible depending on local laws.
How Lawyers Determine Liability After a Commercial Truck Accident
Determining who can be liable for a commercial truck accident requires a detailed investigation. Evidence may include:
- Police accident reports
- Truck driver records
- Electronic logging device data
- Maintenance documents
- Company employment records
- Cargo records
- Witness statements
- Vehicle inspection reports
- Accident reconstruction reports
A truck accident lawyer reviews this evidence to identify every party that may have contributed to the crash.
Finding all responsible parties is important because multiple defendants may mean multiple insurance policies and additional sources of compensation.
Final Thoughts
Determining who can be liable for a commercial truck accident is not always simple. The truck driver may be responsible, but liability can extend to trucking companies, cargo loaders, maintenance providers, manufacturers, and other parties.
Because commercial truck accidents often involve multiple layers of responsibility, a complete investigation is essential. Identifying every liable party can help victims protect their rights and seek the compensation they deserve.
