Who is Liable for a Truck Accident?
There were 161,000 injuries in 2022 attributable to truck accidents. However, when a truck accident occurs, determining who is at fault and legally liable can be complicated. There are several parties who may share responsibility. Understanding liability is crucial for truck accident victims to receive fair compensation.
The Truck Driver
Who is liable for a truck accident? In many truck accident cases, the truck driver is fully or partially liable. Truck drivers have a legal duty to operate their vehicle safely and abide by traffic laws. If a truck driver violates traffic laws, drives aggressively or recklessly, drives while drunk or under the influence of drugs, or fails to properly maintain their truck, they can be held liable for any resulting accident.
Some examples of truck driver negligence include:
- Speeding or driving too fast for conditions
- Distracted driving like texting or talking on a cellphone
- Fatigued or drowsy driving in violation of hours of service regulations
- Impaired driving under the influence of alcohol or drugs
- Following too closely or unsafe lane changes
- Improper passing resulting in a crash
- Aggressive driving and road rage behaviors
- Failure to check blind spots
- Failure to signal properly or observe right-of-way
- Improper loading leading to a shifting load
- Driving with defective equipment they failed to report
If a truck driver’s negligent driving causes an accident, they and their employer can be held financially accountable through a personal injury lawsuit.
The Truck Company
Trucking companies may also share liability when their drivers cause accidents. Under vicarious liability laws, employers are responsible for their employees' negligent actions during work duties.
Trucking companies can also be independently negligent if they:
- Allow drivers to violate hours of service rules
- Fail to properly train or supervise drivers
- Do not perform adequate maintenance on trucks
- Overload trucks beyond weight limits
- Require unsafe scheduling or speed from drivers
- Allow fatigued or intoxicated driving
- Pressure drivers to operate unsafe vehicles
- Fail to address complaints against dangerous drivers
Victims can pursue legal action against both the driver and trucking company in many commercial trucking accidents.
Negligent Hiring by Trucking Company
One area where trucking companies may be liable is through negligent hiring practices. When companies do not thoroughly screen and vet drivers, they can be held accountable for resulting accidents.
Signs of negligent hiring include failing to check a driver’s:
- Driving record for past violations or suspensions
- Criminal background for DUI or reckless driving convictions
- Employment history for termination due to unsafe driving
- Licensing status and qualifications
- Drug and alcohol testing history
If companies overlook serious red flags, hire unqualified or dangerous drivers, or fail to perform background checks, their negligence provides grounds for an accident claim.
Truck Manufacturers and Parts Suppliers
Beyond drivers and carriers, those responsible for manufacturing defective trucks, parts, or equipment involved in an accident can also be sued for product liability.
For example, a truck accident may be caused by:
- Faulty tires that blow out
- Brakes that suddenly fail
- A steering or axle malfunction
- Cargo restraints that break open
If defective design, improper manufacturing, or construction from low-grade materials contributed to an accident, the manufacturer of that truck or component could be liable.
Additionally, parts suppliers that provided faulty or damaged products to a carrier may share blame if those parts played a role in the crash. A truck accident lawyer Los Angeles from Karns & Karns Personal Injury and Accident Attorneys can utilize experts to demonstrate design flaws or maintenance mistakes by manufacturers.
Other Liable Parties
While truck drivers and their employers are most often liable, other parties may also be responsible for a truck crash including:
- Cargo loaders who improperly distribute weight
- Shippers who require unsafe deadlines
- Truck maintenance shops for improper repairs
- Other motorists whose actions contributed to the crash
- Government agencies for poor road design or maintenance
- Businesses responsible for unsafe parking or loading zones
In some instances, more than one party may share liability through comparative negligence laws – this is something a Los Angeles Truck Accident Lawyer can advise you on. An experienced truck accident injury lawyer from Karns & Karns Personal Injury and Accident Attorneys can help accident victims identify all potentially negligent parties.
Investigating the Accident Scene to Determine Liability
Visiting and documenting the accident scene soon after a crash occurs is crucial. Important evidence can be lost as time passes or conditions change.
An investigator should take photos and measurements at the scene to capture:
- Sight lines, blind spots, and visibility
- Road defects like potholes
- Hazardous intersections or merging lanes
- Missing or obscured traffic signs or signals
- Problematic parking or loading areas
- Skid marks and final position of vehicles
- Damaged structures, debris, and property
Thorough accident scene analysis helps determine factors that may have caused or contributed to the collision. This evidence can strengthen the case for determining liability.
Proving Liability in Truck Accident Claims
In a truck accident lawsuit, the burden of proof lies with the plaintiff or victim. To receive compensation, the injured party must prove:
- The truck driver or other party owed them a duty of care
- This duty was breached due to negligence
- Damages were suffered as a result
Solid evidence is crucial to prove liability and damages. An attorney can obtain evidence like:
- Police reports
- Black box data
- Cellphone records
- Truck maintenance logs
- Hours of service logs
- Eyewitness statements
- Photographs and video footage
- Medical reports
- Crash reconstruction analysis
- Accident scene documentation
Skilled trucking accident lawyers from Karns & Karns Personal Injury and Accident Attorneys know how to gather and present evidence to build a strong case proving the truck driver, company, manufacturer, or other party was negligent and directly caused their client’s injuries and losses.
Seeking Full Compensation
The aftermath of a truck accident can be devastating for victims and families. In addition to vehicle damage, victims often face expensive medical bills, lost income, and pain and suffering.
By pinpointing all liable parties and utilizing evidence that proves negligence, truck accident attorneys can help clients recover the maximum compensation available in their case. This provides the financial means for victims to move forward after a life-altering truck crash.
An experienced truck accident lawyer from Karns & Karns Personal Injury and Accident Attorneys will fight to pursue fair and full compensation on the victim’s behalf.
Call us today on 800-4THE-WIN (800-484-3946) to find out how much your truck accident claim is worth.
