Among the most destructive occurrences on U.S. highways are truck accidents. Passenger cars that crash with these large commercial trucks face devastating consequences.
After truck accidents people face more than just physical healing. You must work through intricate liability connections to establish who should pay for your damages and medical bills along with your suffering.
But here’s the problem…
The majority of people who survive accidents struggle with identifying who is responsible for damages in these complicated situations. Inadequate guidance may lead you to accept a settlement which is much lower than your actual entitlement.
What You’ll Discover Here
- Why Truck Accident Liability Is So Complex
- The Multiple Parties That Could Be Liable
- Types of Evidence Needed to Prove Liability
- Geographic Considerations
- Steps to Take After a Truck Accident
Why Truck Accident Liability Is So Complex
Truck accident cases have more complexities than typical car accidents. The large size disparity between commercial trucks and passenger vehicles leads to more serious damage in accidents. The United States logged 494,000 reported large truck accidents in 2021 according to police reports.
The complexity of truck accidents extends past simple physical damage.
A collision with another car usually involves a single driver alongside their insurance provider. But truck accidents? Truck accidents introduce multiple potentially liable parties into the situation.
Initially it’s important to acknowledge that the truck driver may either work as an employee or operate as an independent contractor. One company owns the truck but a different company maintains it and yet another company loads it. Entities responsible for manufacturing vehicle parts and leasing vehicles along with government bodies overseeing road maintenance can be partially responsible.
This is why advice from a truck accident lawyer is absolutely essential. Their expertise allows them to maneuver through this intricate liability network and ensure you claim compensation from every accountable party.
The Stakes Are Higher
Insurance policies for commercial trucks usually have higher coverage limits compared to standard car insurance policies. Greater compensation potential exists because of higher insurance coverage limits but insurance companies respond by intensifying their efforts to avoid payouts.
Right after an accident investigators, adjusters and attorneys will be sent out by the insurance companies. Their goal? Insurance companies work to lower their financial obligations by minimizing their liability to your company.
Your chances of success decrease significantly without personal legal representation in this case.
The Multiple Parties That Could Be Liable
The following discussion will identify which parties could be held responsible for a truck accident case.
1. The Truck Driver
The truck driver stands out as the primary potentially liable party in these situations. If they were:
- Speeding
- Driving while fatigued
- Distracted by phones or other devices
- Under the influence of substances
- Violating traffic laws
The driver themselves could face personal liability for the accident. According to 2022 statistics distracted driving resulted in approximately 3,308 fatalities across the United States which confirms its importance as a major cause of truck accidents.
2. The Trucking Company
Under the legal principle of “respondeat superior,” the employer of a driver usually faces substantial liability for their employees’ actions when those actions occur during work duties.
The trucking company becomes responsible if they neglect proper driver screening and training.
- Failed to properly screen or train drivers
- The trucking company might face liability for promoting hazardous work habits such as breaking hours of service restrictions.
- Neglected proper maintenance of their fleet
3. The Cargo Loaders
During transit improperly loaded cargo may move around which can lead to a truck jackknifing or overturning. A company that loads cargo can face liability if their load surpasses weight limits or lacks proper securing.
4. Vehicle or Parts Manufacturers
Product liability laws can make the manufacturer of faulty parts accountable when mechanical failure plays a role in causing an accident. Brake failures along with tire blowouts and steering mechanism failures could be the mechanical issues under investigation.
Types of Evidence Needed to Prove Liability
Substantial evidence is essential to establish liability in truck accident cases. Your attorney will assist you in collecting these necessary items.
Electronic Logging Device (ELD) Data
Commercial trucks are mandated to carry electronic logging devices which monitor drivers’ service hours, mandatory rest periods, speed levels, and geographical location. The collected data serves as key evidence to determine adherence to driving regulations.
The Truck’s “Black Box”
Event data recorders which capture speed at impact along with braking patterns and steering inputs are installed in many commercial trucks. The collected data serves as objective documentation of the events leading up to the crash.
Dashcam Footage and Maintenance Records
Dashcams in trucks continue to become more prevalent because they help capture visual evidence during accidents. Maintenance logs demonstrate if the truck underwent proper maintenance and whether any known problems were resolved or neglected.
Large truck crashes across the country caused 5,078 deaths and 86,842 injuries in 2023. Establishing fault becomes crucial when both lives and significant financial compensation depend on the available evidence.
Geographic Considerations
Texas and California experience more truck accidents than many other states because they have long highway systems that accommodate significant amounts of commercial vehicle traffic. Liability rules differ greatly between states in the United States.
- Under pure comparative negligence laws some states allow victims to claim compensation even when they hold 99% of the fault.
- Modified comparative negligence laws allow plaintiffs to collect damages only when their fault falls below 50%.
- Certain states maintain the strict “contributory negligence” rule that denies any recovery if the injured party holds even 1% of the fault.
The legal regulations in your state will greatly influence how you develop your case approach.
Steps to Take After a Truck Accident
The actions you take right after a truck accident will greatly influence your potential to prove liability at a later time.
1. Prioritize Safety and Medical Attention
- Move to safety if possible
- Call 911 immediately
- Seek medical evaluation even when injuries appear to be minor.
Serious injuries can take time to manifest while refusal of medical care may later work against you in legal proceedings.
2. Document Everything
If you’re physically able:
- Capture images of every vehicle at the scene as well as the truck’s DOT number and company name.
- Photograph your injuries and the accident scene
- Collect contact information from witnesses
The collected documentation proves essential for determining liability later on.
3. Watch What You Say
Avoid saying things like “I’m fine” or “I didn’t notice the truck.” Statements you make could be used against you to reduce the value of your claim later. Police interviews share only factual information but refrain from engaging in detailed conversations with other drivers and insurance representatives.
4. Speak to an attorney prior to any communication with insurance companies
Following an accident you will likely receive immediate contact from the trucking company’s insurance representatives. Before you speak with them:
- Contact a truck accident attorney
- Have your attorney take over all conversations with insurance companies.
- Don’t sign anything without legal review
Insurance companies usually extend initial settlement offers which are below your needs hoping you’ll accept them before fully realizing your injuries and damages.
Putting It All Together
The process of determining responsibility in truck accident cases proves to be generally complicated. The presence of numerous responsible entities alongside intricate federal rules and forceful insurance approaches creates significant complexity in these legal situations.
The number of large truck accidents reported in the U.S. reached 170,716 in 2023 demonstrating how frequent these incidents have become. A qualified legal professional helps you manage complicated liability matters so you can concentrate on your recovery process.
In truck accident cases where evidence and deadlines are time-critical you should seek qualified legal help immediately after a commercial vehicle collision.
