Who Can Be Held Liable in a Truck Accident?
Truck accidents are not an average fender bender. When an 80,000-pound rig collides with a smaller vehicle, the results can be life-changing.
Liability is called into question in these scenarios, as truck accidents can have multiple responsible parties. From the truck driver to the company that loaded the cargo, there’s often a long list of potential parties.
If you’ve been in a truck crash or are trying to understand who might be at fault, here is who can be held liable in a truck accident.
The Truck Driver
The most obvious party is typically the truck driver. If they were careless or made a mistake, they could be directly responsible for the accident. Some of these causes include:
Fatigue
Truckers are often under pressure to meet deadlines. While there are federal laws limiting their hours, some push past their limits. A tired driver is a dangerous driver. In one study published on the National Library of Medicine website, fatigued drivers cause 13% of all these accidents.
Distraction
Eating, drinking, texting, or even fiddling with the radio can take a trucker’s attention off the road. In a split second, that can cause a crash. That’s all it takes.
Speeding and Reckless Driving
A fully loaded truck needs the length of two football fields to come to a complete stop. If a trucker is speeding or driving aggressively, they might not be able to stop in time.
Driving Under the Influence
Alcohol, drugs, or even prescription meds cause drowsiness. Like any driver, an impaired truck driver is a major hazard.
Skipping Inspections
Drivers must inspect their rigs before hitting the road. If they ignore worn brakes or bad tires, they are putting everyone in danger.
If a driver’s negligence caused the crash, they could be personally liable. But in many cases, the blame does not stop there.
The Trucking Company
Trucking companies are more than employers. They train the drivers, set schedules, and oversee maintenance of their fleets. If a company cuts corners or pressures drivers to bend the rules, they could be on the hook for an accident. Here are a few ways that they might be responsible:
Negligent Hiring
After a crash, you and your legal team might have a few questions. Did they hire a driver with a history of DUIs or reckless driving? If they did, they could be liable for putting an unsafe driver on the road.
Forcing Drivers to Work Long Hours
If a company pushes drivers to break federal Hours of Service laws, and that was the leading cause of a crash, they can be held accountable.
Skipping Maintenance
Trucking companies have to keep their vehicles in top shape. If they ignore a brake issue or worn tires to save some money, they put lives at risk and make themselves liable in an accident.
Overloading Trucks
Overweight or unbalanced cargo can make a truck unstable. As a result, this can cause rollovers or cargo spills. If a company overloads a truck, it could be found at fault.
Even if the driver made a mistake, the company may still be responsible under vicarious liability. That means they are accountable for their employees’ actions.
The Manufacturer
Sometimes, an accident is not caused by driver error; it could be due to a faulty truck or part. If a mechanical failure factored in the crash, the manufacturer of the truck or a parts supplier might be responsible. These can include brake failures, steering system failures, or tire blowouts.
When a defective part causes a crash, the victims may have grounds for a product liability lawsuit against the manufacturer.
The Cargo Loaders
The way that a truck is loaded can affect its stability and braking ability. Cargo loaders are third-party companies that must follow guidelines. If they make a mistake, they could be held responsible for an accident. Everything from unsecured cargo to overloaded trucks can lead to crashes on the road.
In cases where poorly loaded cargo leads to an accident, the company responsible for loading the truck might be held liable.
Government Agencies
In some cases, the fault for an accident is not tied to the truck, the driver, or the company; it could be the road itself. Roads must be maintained. The government agency could be responsible, in part, if things like missing road signs or large potholes played a part in an accident.
Keep in mind that filing a claim against a government agency can be difficult, as there are often special legal rules and shorter deadlines for these cases.
Other Drivers
Not every crash is the truck driver’s fault. They may have been reacting to other vehicles acting recklessly, like cutting off the truck or swerving in front of it.
In turn, that can cause truckers to react suddenly, leading to a crash. In these scenarios, the other driver’s actions could make them partially or fully liable for the incident.
Truck Leasing or Maintenance Companies
Some trucks are owned by leasing companies instead of the drivers or trucking firms. They might be liable if a leasing company or third-party maintenance provider fails to keep the truck in a safe condition.
Finding the Responsible Parties for Your Truck Crash
Liability can extend to several parties. While the driver plays a significant role, the actions of others can also contribute to a big rig wreck.
No matter who was at fault, you can take action to pursue compensation.
At Edwards Law Office, PC, we can identify these liable parties and help you get the compensation you deserve.