Injury claims after a commercial truck accident are more complicated to resolve than typical car accident claims. Large truck crashes tend to be more serious, resulting in severe injuries, fatalities, and extensive property damage. In addition, there may be multiple parties financially liable after a commercial truck accident. The truck driver, the trucking company, the trailer owner, cargo loaders, and even government agencies and their contractors may share liability for a truck crash.
Let’s take a look at the ways in which various parties may be held liable and what you should do if you’ve been injured in a truck accident. The truck company will move quickly after an accident to enlist lawyers to protect the company’s interests. You should seek the help of an experienced Richmond truck accident lawyer to advocate on your behalf.
Reach out to the experienced personal injury attorneys at Marks & Harrison. We’ll help you determine your best path forward.
The Truck Driver Could Be Liable
Drivers are human and make mistakes. Commercial truck drivers are often held liable for trucking accidents that involve negligent actions such as:
- Speeding
- Failing to obey a traffic signal
- Distracted driving, which may involve fiddling with a GPS, talking on the phone, adjusting the radio, reaching for an item, or eating and drinking
- Disregarding hours of service limits and driving while dangerously fatigued
- Driving under the influence of drugs or alcohol
Truck drivers are responsible for inspecting their trucks and making sure that equipment on the vehicle is working properly. If a truck accident occurs because of a preventable maintenance issue, then the truck driver may be partly liable.
The Trucking Carriers Could Be Liable
The trucking company that employs the driver may be held liable for trucking accidents. Sometimes, trucking carriers will try to shift the blame by claiming that the truck driver is an independent contractor, a self-employed person who is contracted to do work for the carrier.
However, the courts ultimately have the power to decide whether a driver should be treated as an employee or an independent contractor. To make a determination, the court will consider factors, such as:
- How the driver is paid by the carrier
- Whether the driver has control over accepting or declining a load
- Which party sets the hours
- Which party chooses the driving routes
- Whether the driver is a contractor for other trucking companies
- Whether the driver takes the truck home or leaves it with the carrier.
The more control the carrier has over the driver’s day-to-day schedule, the more likely the court is to consider the driver an employee. If the court determines that a driver is an employee, then the trucking company is likely to be held liable for the truck driver’s actions.
However, the trucking company can also be held directly liable for a truck accident through its own negligent actions that may include:
- Negligently hiring an unqualified truck driver
- Failing to supervise a driver appropriately
- Failing to properly train its drivers
- Failing to maintain or repair its trucks
- Failing to stop truck drivers when they have exceeded their hours of service limits
The Cargo Shipper/Loader Could Be Liable
Sometimes, truck accidents occur because the truck’s cargo was not properly loaded or secured. For instance, if a truck driver is carrying a large load of timber that isn’t properly tied down, and the timber gets loose and falls off the truck, the cargo can cause serious accidents involving injuries and property damage to other vehicles. When unsecured cargo shifts in the truck, it can change the truck’s center of gravity, causing a truck driver to lose control of the vehicle. When an unsecured load causes a truck accident, the cargo loaders may be held liable.
Other Vendors Could Be Liable
Certain vendors in the trucking industry may be held liable, such as:
- Maintenance and repair companies. Sometimes carriers will hire a third party to service their trucks and perform regular inspections. If it’s determined that a maintenance and repair company failed to fulfill its duties, then the company may be held liable for a trucking accident.
- Truck leasing companies. If the carrier leases trucks from a truck leasing company and it is determined that the leasing company didn’t inspect the vehicle or didn’t perform regularly scheduled maintenance, the leasing company could be held partly liable.
Truck Manufacturer/Parts-maker Could Be Liable
If a trucking accident results from a flaw in the design of the truck or of a truck part, then it’s possible that a truck manufacturer or parts manufacturer may be liable for the truck accident.
Government Agencies/Contractors Could Be Liable
If a truck accident occurred because of damaged roads or defective signage, it is possible that government entities such as the state department of transportation could be held liable for a truck accident. If a driver loses control of a truck because of cracked pavement or a pothole, for instance, the government agency that maintains that stretch of road is culpable.
Government contractors can also be held liable for truck accidents that occur because they were negligent. If road workers failed to set up a safe highway construction work zone, or if a contractor puts up incorrect signage, then the contractor may be legally responsible for a crash that occurs as a result.
What to Do If You’ve Been in a Truck Accident Caused by Someone Else’s Negligence
There are certain steps you can take following a truck accident to protect your health and your right to seek compensation. you should:
- Seek medical treatment for your injuries. If you do not need to go to the emergency room in an ambulance, you should have a medical evaluation as soon as possible after the accident. This will give you the best chance of full recovery and help establish that your injuries resulted from the truck accident.
- Follow your doctor’s treatment plan in the days, weeks, and months following the accident. Attend all your medical appointments. Insurance companies may use a gap in treatment as a reason to deny or minimize a claim.
- Gather all of the documentation you have related to the accident. This may include copies of medical bills, medical records, photos and videos of the accident scene, pay stubs, vehicle repair estimates, and more.
- Consider tracking your daily experiences with physical pain and emotional distress in a pain journal. This will help to show the extent of your non-economic losses.
- Refrain from posting any updates on your social media accounts while your case is active. Information you post may be taken out of context and used against your case.
- Talk to a lawyer as soon as possible. An experienced truck accident attorney can explain your legal options based on a review of the facts of the truck accident and start collecting evidence to build your case.
Contact a Skilled Truck Accident Attorney Today
Our injury attorneys at Marks & Harrison have the skills and resources to investigate truck accidents and build compelling cases against negligent parties that caused the crash that injured you.
When an accident happens, trucking companies will try every tactic to deny legal liability for a crash and avoid a large insurance payout. To limit their liability, they may offer you a quick settlement that initially seems generous if you’ll sign a release the company from further liability. You should never accept an insurance settlement without having a personal injury attorney review it. Working with an experienced attorney to develop a persuasive case for compensation is your best chance at getting a fair settlement.
If you’re a victim of a trucking accident caused by someone else’s negligence, please contact our attorneys at Marks & Harrison today for a free consultation. Call us or reach out to us online.
