Who Is Liable for a Truck Accident?

Who Is Liable for a Truck Accident?

Who is liable for a truck accident depends on the collision details. The most important questions are: Why did the accident happen, and who can you hold liable for it?

Your personal injury lawyer will approach your case investigation with an open mind. While an attorney may have prior experience with truck accident cases, they will follow their investigation to identify the liable parties.

Who Is Liable for a Truck Accident Guide

Potentially Liable Parties in a Truck Accident Case

As your lawyer investigates your truck accident (perhaps with an automotive expert by their side), they may find that liable parties include:

A Trucking Company

Trucking companies are typically responsible for their drivers’ actions. If a truck driver’s negligence causes a collision, their employer may be wholly or partially responsible for the victim’s damages.

In some cases, trucking companies contribute to accidents through negligence, such as using out-of-date trucks. In other cases, your lawyer can hold the trucking company liable for a victim’s damages because the company employs a negligent driver. Either way, your lawyer will place a trucking company on their radar for liability.

A Truck Driver

While a truck driver generally receives protection from their insurer's insurance policy, a truck driver may be personally liable for an accident in rare cases.

Your attorney may seek compensation directly from a truck driver if:

• The truck driver is not operating within the scope of their employment
• The truck driver is operating their own truck and has no affiliation with a larger company
• The truck driver causes the accident on purpose

Your attorney will determine whether seeking compensation from a negligent truck driver makes sense. Trucking companies generally have more robust insurance policies and far more financial resources than drivers, making them the most logical defendant in truck accident cases.

A Municipality

A public institution, such as a city government, is sometimes liable for a truck accident.

These governmental bodies may be responsible for:

• Lack of necessary signage, including stop signs, yield signs, and signs indicating sharp turns in a roadway
• Potholes and uneven surfaces
• Traffic lights that malfunction for an unreasonably long period
• Lack of clear markings on the road, such as lane dividing lines, bike lanes, and crosswalks
• Positioning work crews in a dangerous location

Cities, states, and other public institutions may be liable for certain conditions leading to a truck accident. Cases involving governments may have a shorter filing deadline, a possibility that every truck accident victim should be aware of.

A Vehicle or Component Manufacturer

If equipment failure in a truck, trailer, or other motor vehicle contributes to a truck accident, the manufacturer of the defective component may be financially liable.

Depending on where the defect occurred in the product supply chain, liable parties may include:

• Parties who designed the product
• Assemblers who crafted the product
• Any seller who modifies the product or fails to issue necessary warnings

An attorney may hire an auto industry or product design expert to help identify the potential source of a defect and who is responsible for that defect.

Cargo Manufacturers or Loaders

If those who manufacture or load cargo contribute to an accident, those parties may be liable for a victim's damages. Cargo improperly loaded or unsecured in a trailer can pose an accident hazard.

If any other party is financially responsible for your truck accident, a personal injury attorney will establish liability for you. Multiple parties can be liable for your truck accident-related damages. Your attorney can even pursue compensation in various ways, including insurance claims and lawsuits.

Duties Every Trucking Company Must Follow to Reduce Accident Risk

Trucking companies can prevent truck accidents so long as they act responsibly. You can hold a trucking company negligent when its leadership's unreasonable actions contribute to a collision.

Negligent behavior by trucking companies may include:

Hiring Unqualified Employees

Trucking companies must ensure their employees are sufficiently skilled, knowledgeable, and properly trained.

This standard should apply to:

• Drivers
• Fleet managers
• Mechanics 
• Compliance officers
• Equipment suppliers 

Commercial driver’s licenses are critically important, as truck drivers must have greater knowledge and experience than passenger vehicle drivers. Trucking companies should ensure drivers have qualifications based on proper licensing, skill tests, knowledge tests, and regular physical examinations.

Failing to Replace or Service Trucks

Trucking companies must provide a modern, safe fleet of vehicles to their drivers. The employer must have clear systems for drivers to report vehicular problems. Trucking companies must also service vehicles when necessary and not allow trucks on the road unless they are roadworthy.

Failing to Detect Drug or Alcohol Misuse by a Driver

The U.S. Department of Transportation (USDOT) requires trucking companies to abide by its drug and alcohol testing requirements. Any company that fails to conduct such testing or enforce proper discipline for substance violations may be liable if an impaired driver causes an accident.

Trucking companies have a wide array of responsibilities, many of which may be fatal if they fall by the wayside. Your lawyer will determine if a trucking company violated its duty of care and owes you compensation as a result of its negligence.

How Do I Seek Compensation from Those Liable for the Truck Accident?

Truck accidents can potentially cause far more severe outcomes than passenger vehicle collisions. When a truck strikes a smaller vehicle, those in the passenger vehicle are in the greatest danger. Trucks weigh between 20 and 30 times more than passenger vehicles.

A personal injury lawyer will oversee every detail of your claim or lawsuit, including:

Documenting the Victim’s Damages

Attorneys cannot seek fair compensation until they understand their client's damages.

Your lawyer will identify and document your damages using:

• Records of accident-related medical care (including formal diagnoses of injuries)
• Medical bills
• Invoices for vehicle repairs and other property damage
• Your own testimony of pain and suffering and other accident-related damages
• Expert testimony about psychological and emotional symptoms of your accident
• Proof that you're unable to work and past pay records to indicate how much income your injuries are costing you
• An economist's projection of future damages

Your attorney will present this documentation as they fight for your settlement or pursue a judgment in court.

Building the Case for Negligence Using Accident-Related Evidence

Lawyers must prove liable parties' negligence and may build their case using:

• Video of the accident
• Video of at-fault parties engaging in negligent behaviors (such as racing, speeding, or drinking while driving)
• Eyewitness accounts of the accident
• Expert witness testimony about the most likely cause of the accident
• A police report documenting the details of the accident
• Data from a truck’s black box
• A trucking company’s work records, which may indicate a driver’s pattern for dangerous behaviors or the company’s disobedience of industry regulations
• Any other evidence that indicates who is at fault for the truck accident

Attorneys must take a broad approach when investigating a truck accident, ensuring they collect all available evidence to support their client's case.

Managing Communications and Paperwork

Paperwork and communications are central to truck accident cases. A law firm’s attorneys and paralegals should handle these responsibilities. By leading these essential duties, the law firm will protect the client from stress, ensure the accurate and timely filing of essential documents, and complete oversight of the legal process.

Leading Settlement Discussions

Your attorney will represent you in settlement negotiations. If your attorney can convince insurance companies or other liable parties to pay you fairly, they may resolve your case without going to court.

Going to Trial, if Necessary

Civil cases settle more often than they go to court. However, the possibility of taking a case to trial is a vital negotiating point for personal injury lawyers. If insurance companies or other liable parties refuse to negotiate in good faith, your attorney can proceed with a lawsuit.

Even if your lawyer begins the trial process, they can continue negotiating with liable parties. After realizing that your lawyer is not bluffing about going to court, liable parties may choose to offer a fair settlement.

Recoverable Damages in Fatal Truck Accident Cases

Truck accidents are frightening because they pose an outsized risk of causing fatal injuries.

Those who lose a loved one from injuries caused by a truck accident may receive compensation to cover:

• Medical bills
• Pain and suffering (affecting both the decedent and surviving loved ones)
• Funeral expenses
• Lost financial support
• Lost spousal companionship
• Lost parental guidance
• Loss of the decedent’s household contributions

Attorneys who lead wrongful death cases understand the trauma their clients have endured. Expect compassion, privacy, and respect from the legal team leading your case.

Which Personal Injury Firm Is the Right One to Lead My Truck Accident Case?

As you search for a lawyer to lead your truck accident case, you should consider:

• The law firm’s fee structure: If a law firm has a client-friendly fee structure (such as a contingency fee structure), this may incentivize you to hire that firm.
• The law firm’s relevant experience: Law firms with ample experience leading truck accident cases may be best suited to lead your case.
• The firm’s case results: A strong record of case results proves that a law firm can get the job done. While past results are not a guarantee of future victory, it is encouraging to see that a law firm has performed successfully in cases similar to yours.
• The firm’s reputation: You can read reviews from former clients to determine if the law firm treats its clients well. While every firm will have negative and positive reviews, consider what share of the total reviews are positive or negative. 

Personal injury firms also offer free consultations. These are phone calls during which time you can ask the firm's representatives questions and get a feel for the firm's culture. Importantly, you will gain insight into how the firm's employees treat clients and prospective clients.

How Much Does It Cost to Hire a Truck Accident Lawyer?

Fortunately, the cost is not a barrier to truck accident victims hiring personal injury lawyers.

The contingency fee structure that most personal injury firms use means that:

• You do not have to pay the law firm any upfront fee
• The law firm will cover the entire cost of your case
• The law firm will only receive a fee if it gets compensation for you

This fee structure has several benefits. For one, you can hire a truck accident lawyer no matter how complex your financial circumstances are. Secondly, your law firm has the motivation to win your case—if the legal team does not get compensation for you, the law firm gets no compensation.

Hire a Truck Accident Lawyer as Soon as Possible

Do not waste any time - hire a personal injury lawyer as soon as you know you have injuries from a crash. Your attorney will want to gather evidence as soon as possible to build the strongest case for you, and they may face various deadlines that are key to securing a financial recovery. Don’t delay in seeking a free consultation today.