Steven A. Bagen | October 4, 2024 | Truck Accidents

Man holding a paper truck; Concept of truck insurance

Trucking accidents are among the most devastating types of vehicle crashes due to the sheer size and weight of commercial trucks. These collisions often result in catastrophic injuries, significant property damage, and sometimes, tragic fatalities. If you or a loved one has been involved in a trucking accident, understanding who is responsible is imperative for compensation. The trucking company may often be held liable for the accident.

When you hire an experienced truck accident attorney, they will explore who is liable for the accident, including if the trucking company can be liable for an accident. They can explain all key legal principles and help you recover the compensation you deserve.

 

Understanding Liability in Trucking Accidents

Unlike typical car accidents where liability is generally determined by which driver was at fault, trucking accidents involve multiple parties, each of whom may share responsibility for the crash. Some of the potentially liable parties include:

  • Truck driver
  • Trucking company
  • Truck manufacturer
  • Parts manufacturer
  • Maintenance companies
  • Cargo loading companies

While the truck driver is often the most immediate suspect, the trucking company that employs or contracts the driver may be held liable in various circumstances. To effectively prove the trucking company’s responsibility, it’s essential to understand the legal concept of liability and how a trucking company’s negligence can contribute to an accident.

Vicarious Liability (Respondeat Superior)

One of the most common ways a trucking company can be held liable for an accident is through the legal doctrine known as “vicarious liability” or “respondeat superior.” Under this principle, employers can be held responsible for the actions of their employees, provided that the employee was acting within the scope of their job duties at the time of the accident.

In trucking accidents, this means that if the truck driver is an employee of the trucking company and was driving the truck for work-related purposes, the trucking company may be held liable for the driver’s negligence. Even if the driver’s actions directly caused the accident, the company can still be liable for damages.

When is the Driver Considered an Employee?

It’s important to distinguish between truck drivers who are employees and those who are independent contractors. Trucking companies often attempt to classify their drivers as independent contractors to avoid liability. However, if the trucking company exerts a significant level of control over the driver’s work (e.g., setting their schedule, requiring specific routes, or mandating how the truck is operated), the driver may still be considered an employee under the law. A skilled truck accident attorney can help determine the driver’s employment status and hold the company accountable.

Negligent Hiring, Training, or Supervision

Another avenue for holding trucking companies liable is by proving that they acted negligently in hiring, training, or supervising their drivers. Trucking companies are legally obligated to ensure that their drivers are properly qualified, trained, and capable of safely operating commercial vehicles.

If a trucking company fails in this responsibility, it may be held liable for accidents that result from its negligence. Some common examples of negligent hiring, training, or supervision include:

  • Hiring unqualified drivers: If a trucking company hires a driver without a valid commercial driver’s license (CDL), insufficient driving experience, or a history of traffic violations or substance abuse, the company can be held liable for any accidents caused by that driver.
  • Failure to provide proper training: Commercial truck drivers require specialized training to safely operate large vehicles, particularly when it comes to handling hazardous materials or navigating difficult road conditions. If a trucking company fails to provide adequate training, it can be held liable for accidents caused by improperly trained drivers.
  • Negligent supervision: Trucking companies are also responsible for ensuring that their drivers comply with federal and state regulations, such as hours-of-service limits designed to prevent driver fatigue. If a trucking company fails to monitor its drivers or allows them to violate safety regulations, it can be held accountable for accidents caused by fatigued or reckless driving.

Proving negligent hiring, training, or supervision can be challenging. Still, an experienced truck accident attorney can help gather evidence, such as employment records, training documents, and the driver’s safety history, to build a strong case against the trucking company.

Key considerations in negligent hiring or retention cases include the following:

  • Did the company conduct background checks?
  • Were proper drug and alcohol screenings performed?
  • Did the driver have a valid commercial driver’s license (CDL)?
  • Was the driver involved in prior accidents or traffic violations?

Failure to Maintain the Truck

Trucking companies are responsible for ensuring their fleet is safe and properly maintained. Trucks must be inspected regularly, and any mechanical issues—such as worn brakes, faulty tires, or malfunctioning lights—must be promptly repaired.

If a trucking company fails to maintain its vehicles or ignores known mechanical issues, it can be held liable if an accident occurs due to a truck malfunction. For example, if a truck’s brakes fail because the company neglected to repair them, and that failure leads to a crash, the company can be held responsible for any resulting injuries or damages.

Maintenance records are often critical pieces of evidence in proving that a trucking company neglected its duty to keep its vehicles safe. An attorney can request these records as part of the discovery process and use them to demonstrate that the company failed to perform necessary repairs or maintenance.

Violation of Federal Safety Regulations

The trucking industry is heavily regulated by the Federal Motor Carrier Safety Administration (FMCSA), which sets strict rules designed to protect both truck drivers and the general public. These regulations cover a wide range of issues, including:

  • Hours of Service (HOS): Limits on the number of hours a driver can operate a truck without rest to prevent fatigue.
  • Vehicle maintenance and inspection: Regular maintenance and pre-trip inspections are required to ensure trucks are safe to operate.
  • Cargo securement: Rules regarding how cargo should be loaded and secured to prevent shifting during transit.
  • Drug and alcohol testing: Requirements for testing drivers for drug or alcohol use.

If a trucking company violates these regulations and an accident occurs, the company may be held liable. For example, if a company allows or encourages its drivers to exceed HOS limits, leading to fatigued driving and an accident, the company can be held responsible for the crash.

Common FMCSA violations include the following:

  • Encouraging drivers to exceed legal driving hours
  • Failing to conduct regular drug and alcohol tests
  • Skipping or ignoring required vehicle inspections
  • Overloading trucks or improperly securing cargo

A knowledgeable truck accident attorney will be familiar with FMCSA regulations and can use evidence of violations to strengthen your case against the trucking company.

Improperly Loaded or Secured Cargo

In many trucking accidents, the cause of the crash can be traced back to improperly loaded or secured cargo. Overloaded trucks or improperly balanced cargo can make it difficult for drivers to control the vehicle, especially when making turns or driving on uneven surfaces. Shifting cargo can cause a truck to jackknife or tip over, leading to catastrophic accidents.

Trucking companies are responsible for ensuring that cargo is properly loaded and secured before the truck hits the road. If a trucking company or a third-party loading company fails to follow cargo securement regulations and an accident occurs as a result, the trucking company may be held liable.

How a Skilled Truck Accident Attorney Can Help

Proving that improperly loaded cargo caused an accident often requires a detailed investigation, including reviewing the truck’s load and securing methods, obtaining witness statements, and consulting with industry experts. An attorney can handle these aspects of the case to help establish the trucking company’s liability.

 

The Role of a Truck Accident Lawyer in Proving Liability

Holding a trucking company accountable for an accident is a challenging process that requires extensive legal knowledge, resources, and experience. Trucking companies often have powerful insurance companies and legal teams working to minimize their liability, making it difficult for victims to secure fair compensation on their own.

A truck accident lawyer can play a critical role in:

  • Investigating the accident: A thorough investigation is essential for uncovering evidence of the trucking company’s negligence. This may include obtaining maintenance records, employment files, logbooks, and inspection reports.
  • Reconstructing the accident: In many cases, accident reconstruction experts can help determine how the crash occurred and identify contributing factors, such as driver fatigue, mechanical failure, or improperly loaded cargo.
  • Identifying all liable parties: Trucking accidents often involve multiple liable parties, such as the truck driver, the trucking company, the manufacturer of the truck or its parts, and third-party maintenance companies. A truck accident lawyer will ensure that all responsible parties are held accountable.
  • Negotiating with insurance companies: Trucking companies and their insurers often try to offer low settlements or deny claims altogether. A lawyer can negotiate to ensure you receive fair compensation for your injuries, medical bills, lost income, and other damages.
  • Filing a lawsuit: If a fair settlement cannot be reached, a truck accident lawyer will be prepared to take your case to court and fight for your rights in front of a judge and jury.

Why You Should Contact a Truck Accident Lawyer

If you’ve been involved in a trucking accident, you may be facing serious injuries, mounting medical bills, and a lengthy recovery process. At the same time, trucking companies and their insurers will be working to protect their interests and minimize their liability. This is why it’s essential to have a knowledgeable truck accident lawyer on your side.

A truck accident lawyer can manage the legal process on your behalf, gather the evidence needed to prove the trucking company’s liability, and negotiate with the insurance companies to secure the compensation you deserve. Without legal representation, you may be at a significant disadvantage when dealing with the complex and powerful trucking industry.

When Should You Contact a Truck Accident Lawyer

Contacting a truck accident lawyer as soon as possible after an accident is imperative for protecting your legal rights and building a solid case. Truck accident cases often involve multiple parties, such as the driver, the trucking company, and even vehicle parts manufacturers, making these cases more involved than standard car accidents. A lawyer can act quickly to gather evidence like driver logs, black box data, and maintenance records—evidence that can be destroyed or lost over time. Immediate legal action also allows your lawyer to interview witnesses while their memories are fresh and thoroughly investigate the scene.

Additionally, each state has a statute of limitations that sets a deadline for filing a lawsuit after a truck accident. You may lose your right to seek compensation entirely if you miss this deadline. While the statute of limitations typically ranges from one to four years, depending on the state, some exceptions may shorten or extend this period. By contacting a truck accident lawyer right away, you ensure that your claim is filed within the appropriate timeframe, giving you the best chance to recover damages for your medical expenses, lost income, and pain and suffering.

Were You Injured in a Trucking Accident? Contact a Reputable Truck Accident Attorney Today

Trucking companies can be held liable for accidents in a variety of circumstances, from vicarious liability for their drivers’ actions to negligent hiring, training, and supervision. Additionally, failing to maintain vehicles, violating federal safety regulations, and improperly loading cargo can all lead to trucking company liability.

If you or a loved one has been involved in a trucking accident, consult an experienced personal injury lawyer as soon as possible. Your attorney will be here to help through the legal process and ensure you receive the compensation you deserve. Don’t wait—contact one today for a free, no-obligation consultation, and let them help you get the justice and compensation you deserve after such a traumatic accident.