Who Is Liable for a Truck Accident?
When you suffer injuries and property damage in a large trucking accident, you may have the opportunity to pursue compensation from the party responsible for the collision. But how do you determine who is liable? What if more than one party is at fault?
A Phoenix truck accident attorney can investigate your collision to determine the cause, and based on that information, they can pinpoint who is financially responsible. Once you know who is liable for your truck crash, you can pursue full and fair compensation for your injuries and losses.
Multiple parties might share liability, so you should always hire a professional to investigate this matter so you do not lose any compensation you deserve.
Investigating Your Trucking Collision
Every truck accident case is different. Depending on the specifics of your crash, you may need an in-depth investigation to determine key details concerning your collision, including fault and liability.
Truck accident investigations can become especially challenging if you lack familiarity with the specifics of these crashes. Therefore, a truck accident lawyer will help you. Your attorney can gather evidence and obtain information to paint a better picture and answer critical questions.
Based on your lawyer’s findings, they can proceed with building your truck accident claim, seeking justice and financial recovery on your behalf.
The Complications with Large Truck Crashes and Liability
Many believe trucking collision cases resemble regular car accidents, but that’s not necessarily true. In many cases, truck accident cases are much more complex. Among these many intricacies, trucking collision cases can be complicated in terms of liability.
Multiple parties may share fault for a truck accident. It can become challenging when you’re entitled to seek compensation from more than one party or entity, especially when dealing with different insurance companies.
Additionally, semi-truck accident cases often result in serious injuries and extensive property damage. The more harm and destruction result from a crash, the more compensation victims will seek from liable parties. This can present obstacles in and of itself, as insurance companies fight to limit liability and avoid paying you.
Simply put, truck accident cases are stressful and taxing. This is one of the primary reasons why you need legal representation as quickly as possible following your collision.
Determining Liability for Your Truck Accident
Figuring out who is responsible for your trucking collision is one of the most important parts of your claim. Without this information, you wouldn’t know who you can pursue compensation from, and you may miss out on obtaining the financial recovery you need and deserve.
Several parties can cause large truck crashes. Determining the cause of your collision is essential, as this fundamental detail can yield answers regarding liability.
Truck Driver
Driving a truck is no easy task. For this reason, truck drivers must obtain special training and licensing to ensure they have the necessary skills to operate large, heavy commercial trucks.
When truck drivers are finally licensed and employed, they have a major responsibility while operating these massive vehicles and owe a special duty of care to others on the road. Unfortunately, collisions commonly result when drivers breach this duty with their negligent or intentional driver behavior.
Speeding/Aggressive Driving
Every driver, including truck drivers, engages in aggressive driving at one point or another. Traffic, time constraints, and other factors can motivate drivers to drive more aggressively than they should. Common aggressive driving behaviors include tailgating, weaving in and out of lanes, and, most importantly, speeding.
The law sets speed limits, presenting a safe speed for particular roadways. When truck drivers speed, they increase the likelihood of losing control of their vehicle and crashing into nearby vehicles. Additionally, accidents caused by speeding are usually worse, as the impact of a speeding truck is much greater.
Driver Inattention
Distracted driving is widespread among all drivers, including commercial truck drivers.
Common distractions while on the road include:
- Texting/emailing
- Talking on the phone
- Changing the radio station or song
- Grooming
- Eating
- Looking for an item
- Daydreaming
Safely driving large trucks requires a driver’s full attention. When a truck driver takes their eyes off the road, their hands off the steering wheel, or even their mind off of driving, negative consequences can result.
Impaired Driving
Alcohol and substance abuse is a significant issue with truck drivers. The nature of trucking often drives truckers to drink and do drugs, especially when the feelings of loneliness hit. Regardless of the motivation, truck drivers are never safe to drive while impaired.
Drunk driving is illegal in every state. Operating a vehicle while impaired can have severe repercussions. Impaired driving collisions regularly result in substantial physical harm and even death.
Fatigued Driving
Another issue for truck drivers is fatigued driving. Drivers must drive long hours to make it to their destinations on time. Although there are regulations concerning driving hours, some drivers violate these rules and drive much longer than they should.
Drowsiness can have similar effects on a person as alcohol. Therefore, drivers experiencing fatigue should avoid driving.
Drivers can drive while tired, but a driver’s employer may also share liability. Many employers put pressure on their drivers, forcing them to drive longer hours than they should and increasing their chances of causing collisions.
Trucking Company
Trucking companies that employ truck drivers can also be at fault for trucking accidents. Companies have many responsibilities, including ensuring drivers have the proper skills and licensure to safely operate a commercial vehicle and follow safety regulations. When trucking companies act negligently, collisions are more likely to occur.
Inadequate Driver Training and Experience
Trucking companies must ensure that their potential employees have the training, experience, and commercial driver’s license (CDL) they need to drive large trucks. They must also provide additional education and training if necessary.
Companies that neglect to ensure drivers have the education, skills, and tools they need can be held liable if one of their drivers causes an accident.
Negligent Hiring
Along the same lines, trucking companies are responsible for looking into a driver’s background before hiring them and allowing them to work. Failing to perform the requisite background check can result in hiring a driver with a risky past, including drug abuse, accidents, and even criminal history.
Negligently hiring a truck driver can leave a trucking company wide open to liability for the driver’s actions while under their employment.
Improper Truck Maintenance
Trucking companies must also ensure their vehicles are in proper working order. This includes regularly scheduled maintenance and repairs whenever needed. Companies must also keep detailed logs of truck maintenance.
Failure to routinely inspect and maintain trucks can result in collisions caused by preventable mechanical issues and failures.
FMCSA Regulation Violations
The Federal Motor Carrier Safety Administration (FMCSA) is the federal entity that sets forth regulations trucking companies must follow. Violating these rules can not only mean legal trouble for trucking companies but can also put numerous lives at risk.
Trucking companies most often violate the hours of service regulations. Under these rules, truck drivers can only drive a set number of hours before they’re required to take breaks to sleep and rest. However, truck driver employers regularly force drivers to violate these regulations and avoid rest stops, which can result in consequences for the trucking company.
The trucking industry is so highly regulated for a reason. The FMCSA regulations help ensure safety for all, but when these rules are broken, it can lead to life-altering accidents.
Truck Maintenance Providers
Perhaps the trucking company was diligent in inspecting its fleet of vehicles and seeking proper care and maintenance. However, if the maintenance providers were negligent, they could be liable for collisions.
Truck maintenance providers must ensure trucks are in good working order and running well to avoid dangerous situations. However, these providers can open themselves up to liability under certain circumstances, such as if they fail to recognize or address an issue or make improper or negligent repairs.
Negligence on the part of truck maintenance providers could put truck drivers, other drivers, and pedestrians on the road at risk.
Cargo Loaders
Truck drivers are frequently required to transport heavy cargo. Regardless of the type of cargo, the parties responsible for loading the cargo onto the truck must be calculated and do so with extreme care.
Failing to load and secure a truck’s cargo adequately can have detrimental results. Improperly loaded cargo can shift and weight distribution can become unbalanced at any moment. If cargo moves during transport, it can become more difficult for truck drivers to drive and maintain vehicle control.
Product Designers, Manufacturers, and Distributors
Sometimes, things go wrong with a truck that are out of a driver’s or their employer’s control. When trucks have a defect or malfunction, it may be an issue with the truck itself that could not have been discovered or repaired even with routine maintenance and repairs.
Trucks are complicated machines. Therefore, if a truck or truck part suffers a defect during the design or manufacturing stage, the truck can become dangerous on the road. In this situation, designers, manufacturers, or distributors can be at fault if a defect or malfunction causes a truck accident.
Governmental Entities
While it may come as a surprise, the government can even play a part in truck accidents.
Governmental entities are usually responsible for keeping roads safe and free from potential dangers. When truck drivers encounter hazardous road conditions, they can lose control of their vehicles and cause an accident.
Common dangerous road conditions include:
- Cracked, uneven pavement
- Potholes and sinkholes
- Debris
- Low shoulders
- Broken or missing guard rails
- Missing or defective road signs and lights
- Improperly designed roads
- Inadequate lighting
Holding a governmental entity responsible for a truck accident caused by hazardous roads can be challenging but not impossible. When the government is partially or totally liable for your trucking collision, it’s crucial to have a truck accident attorney handle your claim to ensure your case is handled timely and properly.
Evidence Can Help Prove Liability
You need evidence in your truck accident case, specifically when it comes to proving liability.
Some of the evidence most often used to strengthen trucking collision claims include:
- Photos and videos
- Surveillance footage
- Black box data
- Witness statements
- Expert testimony
- Medical records and bills
- Police accident reports
If possible, gather evidence at the accident scene or shortly thereafter. Any information and documentation you have concerning your collision can help your case, so it’s worth giving it to your attorney.
As more evidence becomes available, your truck accident lawyer can request and obtain everything they believe necessary to assist with your case. When used strategically, evidence can help you reach a favorable case result.
The Importance of Hiring a Truck Accident Attorney
Following a trucking collision, you may consider handling your claim alone. While you can take on your case on your own, it’s truly in your best interest to consult with a truck accident attorney immediately. A lawyer can greatly benefit your case and give you a much better chance of obtaining a just outcome.
Truck accident claims are difficult to navigate, and you only have one chance to pursue compensation for your collision-related losses.
A skilled lawyer can take over and handle all case-related tasks, including calculating your damages, communicating with insurance companies, and engaging in settlement negotiations. In addition, your lawyer can take the needed steps toward determining and proving liability.
Trucking collision claims are stressful. Having a truck accident lawyer handle your case can give you peace of mind and eliminate much of the worry and anxiety you’d otherwise experience.
Following a Trucking Collision, Seek Legal Assistance Right Away
After a large truck crash, time is limited to take action. Depending on your state’s laws, you may only have one to six years to file a lawsuit if necessary.
Therefore, as soon as you can, schedule a consultation with a personal injury lawyer in Phoenix. An experienced lawyer can protect your interests and fight diligently to get you the outcome you deserve.