The commercial truck industry is governed by numerous federal and state regulations. These laws make determining who is liable in a commercial truck accident case particularly complex. Read on to learn more about the parties who are potentially liable in catastrophic accidents involving large trucks.
Who’s Potentially Liable in a Commercial Truck Accident Case?
Trucking Companies
A trucking company can be held liable for damages if an accident is caused by one of its drivers. To bring a personal injury claim against a trucking company, plaintiffs must prove that the crash happened as part of the driver’s scope of employment. To determine if this was the case, courts typically look at a number of factors:
- The time and place of the accident
- What the driver was doing at the time of the crash
- The specific work the driver was hired to do
- Any incidental actions an employer could reasonably expect a driver to take
- How much latitude a driver has in performing his or her duties
After a crash, a trucking company may claim the driver was not working at the time of the incident or was performing actions that were not part of the driver’s usual duties. An experienced attorney can help secure the necessary evidence to prove if a driver was working when your accident occurred. It is not as simple as it sounds.
Trucking companies also have an obligation to adhere to all federal and state regulations, such as ensuring drivers are properly trained and vehicles are safely maintained. If a trucking company is shown to have violated these regulations, this can help prove fault.
Truck Drivers
The driver of the truck that caused your accident may be liable if he or she is an independent contractor. Many truck drivers own their own trucks, control their own schedules, and pay their own insurance, meaning they’re self-employed. You can file a personal injury claim directly against the driver in this case.
However, even if a truck driver is employed by another company, the driver may still be liable for any negligent acts that contributed to the accident. These can include:
- Speeding
- Reckless driving
- Driving under the influence
- Distracted driving (i.e., while texting)
- Failing to adhere to traffic regulations
- Violating federal or state regulations
In some circumstances, truck drivers employed by a trucking company may also be responsible for crashes that take place outside of the performance of their regular duties.
Truck Manufacturers
Companies that manufacture trucks are responsible for ensuring their vehicles are safe to operate. If a court determines that design flaws or assembly errors contributed to the crash, the court can hold the truck maker accountable.
Other Parties
Depending on the nature of your accident, additional parties may also be liable, such as the company that serviced the truck, loaded its cargo, or made the tires. Determining who is at fault for a specific incident requires a thorough understanding of the applicable laws and regulations, which is why selecting an attorney skilled at handling these cases is vital.
Don’t Navigate Your Truck Accident Claim Alone
The Fitzgerald Law Firm has represented victims injured in trucking accidents for over 40 years. We have the experience and the resources necessary to conduct a complete investigation and determine who was at fault for the crash that harmed you or your loved one. The Fitzgerald Law Firm holds the record for the largest injury and death verdicts upheld on appeal in the state of Wyoming, including significant verdicts awarded in trucking accidents.
If you or a loved one has been injured or killed in an accident involving a commercial truck, reach out to our attorneys to discuss your case.