Who pays when someone gets seriously injured in a truck accident?
Here’s the dirty secret…
Commercial vehicle accidents are NOT your typical car crash. We’re not talking about two drivers exchanging information and filing claims with their insurance companies. Truck accidents can involve numerous negligent parties.
And that’s important.
Why? Because every liable party you leave off your lawsuit could be costing injured victims thousands of dollars in potential compensation.
Here’s What You’ll Learn…
- Who’s Responsible for Truck Accidents?
- How Insurance Investigators Determine Liability
- Evidence Used To Prove Who’s At Fault
Why Truck Accidents Often Involve Multiple Parties
Commercial trucks are involved in deadly crashes at an alarming rate.
Statistics from the National Highway Traffic Safety Administration (NHTSA) reveal that 5,800 people were killed in accidents involving large trucks in 2022. And truck accident statistics show that 67% of victims killed were passenger vehicle occupants.
When accidents cause this many fatalities, it’s rare that just one person is to blame. Personal injury attorneys know that large trucking companies don’t just send their drivers out on the road by themselves. There are a lot of people and businesses involved in keeping a commercial truck moving.
That’s why charlotte truck accident lawyers know to look beyond the driver when investigating these types of wrecks. Here’s why it matters:
If multiple parties were negligent in some way that caused the accident, they each could be held financially responsible for damages. And since each liable party likely has their own insurance policy, that increases compensation opportunities for the victim.
Who Can Be Held Liable For A Truck Accident?
So who can be held responsible after a commercial vehicle accident? Who do you name in a truck accident lawsuit?
Find out below…
The Truck Driver
Drivers can make mistakes that cause serious injury accidents. Speeding, driving under the influence, and driving while distracted are a few examples.
Here’s the thing…
Truck drivers are often independent contractors. Meaning, they aren’t protected by a larger trucking company’s insurance policy and are responsible for their own insurance.
Knowing the employment status of the driver is important when determining who’s liable.
The Trucking Company
Typically, employers are liable for the negligent acts of their employees. This concept is referred to as “vicarious liability.”
When truck accident lawyers examine a trucking company’s liability, we look for issues like:
- Improper training procedures
- Knowledge of maintenance issues
- Hiring drivers with bad records
- Pressure to meet strict deadlines
- Violations of federal safety regulations
Trucking companies often claim their drivers are independent contractors in an effort to avoid responsibility. Investigation can prove or disprove these claims.
Cargo Loaders
Did you know improper cargo loading and overloaded trucks cause accidents?
When freight isn’t loaded correctly, it can shift during transport. If that happens, it can cause the truck to roll over.
Accident attorneys can hold cargo loaders accountable if shoddy work contributed to the accident.
Manufacturers of Trucks and Truck Parts
Defective parts have caused major truck accident injuries in the past. Faulty tires, brakes, and steering systems can all lead to disaster on the road.
If part failure caused the accident, the manufacturer could be liable under product liability laws.
Maintenance Companies
Large trucks require frequent maintenance to operate safely. If a third-party maintenance company neglected to perform required upkeep, they could be partially to blame.
Government Agencies
Wait – what?
If road conditions contributed to the accident, the government agency responsible for maintaining the road may be liable.
For example, potholes, broken pavement, and missing signage have caused many serious crashes.
Insurance Adjusters Determine Who’s At Fault
Figuring out who’s liable for commercial vehicle accidents isn’t easy. There’s a lot of investigation that goes on behind the scenes.
Insurance companies look for:
- Black box data: trucks have event data recorders that track speed, brake usage, and more
- Driver logs: electronic logs track driver hours and show whether they drove more than legally allowed
- Maintenance records: proof of required vehicle inspections/replacements reveal negligence if they’re incomplete
- Police report: official documentation of the crash including investigation findings and citations issued
- Witness statement: first-hand accounts from individuals who saw what happened
Preserving this evidence is crucial. Some black boxes overwrite data after a certain period, and it’s not unheard of for trucking companies to “lose” maintenance records.
Which is another reason why you should contact a lawyer as soon as possible after an accident.
What Evidence Is Used To Identify All Liable Parties
As you can imagine, building a case that proves multiple parties were negligent takes a lot of legwork.
Insurance companies typically review:
- Employment contracts and agreements
- Hiring and training records
- Vehicle inspection history
- Cargo loading documentation
- Driver-dispatch communication logs
The more evidence they can gather that proves negligence, the better chance victims have at being made whole again.
Insurance Company Games
If multiple parties are liable for an accident, their insurance companies will fight like hell to save money.
Here are some tricks they’ll try:
- Claiming the driver was an independent contractor
- Blaming the victim for causing their own crash
- Arguing equipment failure was inevitable
- Saying injuries aren’t as bad as they seem
That’s why you need someone on your side fighting for you. Your attorney even things out when taking on these well-funded insurance companies.
Comparative Fault Rules May Apply
Most states follow “comparative fault” rules when multiple parties share blame for an accident. Basically, each side is assigned a percentage of fault and compensation is awarded accordingly.
If damages add up to $500,000 and two parties are found 30% liable each (with the victim 40% at fault), the victim could only recover $100,000 from the other parties.
Understanding how comparative fault rules apply is essential to building your case.
Conclusion
While determining who’s liable for commercial vehicle accidents can get complicated. When injuries happen, it’s important to remember multiple negligent parties could be responsible.
Remember:
- Truck accidents can involve more than just the driver.
- Responsible parties could mean more insurance policies paying out.
- Time is of the essence to make sure evidence is preserved.
- Don’t expect insurance companies to hand-over money without a fight!
Commercial trucks don’t operate in a vacuum. There are shipping companies, mechanics, cargo loaders, parts manufacturers, and more involved in trucking logistics. When a crash occurs, it’s important to investigate everyone involved with that truck to make sure all negligent parties are held accountable.