Who’s Liable In A Semi-Truck Accident? Driver Or Company?

Several parties may share responsibility, including the truck driver or the trucking company. However, each party involved may carry different levels of liability. 

In most cases, it is assumed that the trucking company or the driver may be responsible. However, decisions cannot be made based on assumptions. Determining who’s liable requires a comprehensive investigation. 

The investigation should begin as soon as possible, and the process mostly includes gathering evidence at the accident scene as well as from other sources. To ascertain who (or what company) is at fault, your accident attorney  will evaluate the accident’s cause using the evidence at their disposal. 

Why Is Truck Accident Liability So Complicated?

The federal government enforces the laws and regulates the commercial trucking sector. Items transported via trucks are mostly hazardous, and the size of vehicles and their loads make them more dangerous for other vehicles on the road. 

To improve commercial truck safety, the Federal Motor Carrier Safety Administration establishes guidelines, regulations, and responsibilities at every stage of the chain of operations. 

The FMCSA’s regulations guarantee that trucks and drivers may carry out their duties safely. Failure to comply with FMCSA regulations or general traffic rules may result in liability for any individuals or organizations involved in a truck accident. 

Accident liability is based on the concept of negligence. You must prove the existence of the following four elements to conclude that a party was negligent – 

• The party did not fulfill its obligation.  
• The vehicle accident resulted in verifiable injuries.  
• It was the party’s duty to behave in a way that would fairly guarantee other people’s safety. 
• The truck accident was either caused by or exacerbated by failing to adhere to the regulations set. 

To hold someone responsible for the accident and your injuries, all four requirements must be satisfied. The truck driver and the trucking firm are often the two parties at fault in a truck accident. Hence, they may share liability at times.

How To Prove Liability In A Semi-Truck Accident Case?

Accidents involving semi-trucks are far more complex than car accident cases. This is because the injuries caused by semi-truck accidents can be worse due to the size of the vehicle. Though multiple parties can be involved, the trucking companies and their insurers can aggressively shift blame and reduce their loss. 

Hence, you are required to prove liability on behalf of the other party or parties to ensure you receive the compensation you deserve. Here’s how to prove liability in a semi-truck accident case – 

Gather Evidence At The Accident Site

Any successful case starts at the scene of the accident.

• Photographs and videos – It’s crucial to document the scene. It is advisable to take pictures of the vehicle’s damage, the state of the road, and any other visual proof that can be used to piece together what happened before the collision. 
• Statements from witnesses: Witnesses’ firsthand recollections can frequently offer crucial context for what transpired. Hence, it is important to record any witness information so that their statements can support your claim. 
• Police report: After arriving on the scene, law enforcement frequently files a report that contains important information about the collision. These reports can offer an objective description of what happened, which can assist in determining who was at fault.

Examine The Driver’s Error  

Frequently, the semi-truck driver’s carelessness or recklessness may have played a role in the collision. Here are some other factors that contribute to a truck accident – 

• Driver fatigue: Although it is legally essential for truck drivers to take rest periods, strict scheduling may result in infractions. A fatigued driver may react slowly or fall asleep while driving, which may lead to a crash.  
• Distracted driving – Truck drivers, like any other driver, are susceptible to being sidetracked by their phones or other electronics. Sometimes, eating while driving may also cause distractions, leading to accidents.  
• Substance use – Drivers of semi-trucks under the influence may also cause accidents due to impaired judgment and coordination. 
• Speeding – Large commercial trucks require more time to stop and maneuver, which makes speeding dangerous. Exceeding the limit can increase the chance of a collision. 

Accountability Of The Trucking Company  

Occasionally, the driver is not the only one responsible. If the trucking business did not fulfill its obligations to ensure safe operations, it might also be held partially liable. There are several ways a trucking company can be held accountable – 

• Negligent hiring procedures – Did the business adequately screen and instruct its drivers?  The company may have been negligent if the driver lacked proper training or had a history of collisions. Also, if the company hires a driver with a history of unethical or unsafe driving practices, it may be found liable for accidents caused by that particular driver. 
• Maintenance logs – Routine maintenance is necessary for trucks to run safely. Maintenance logs must be reviewed to ensure the business is performing the necessary inspections and repairs. If the accident is caused by the truck’s not being maintained and repaired, the company may be held responsible. 
• Infractions of regulations – Federal laws control trucking businesses. Liability may be established if the business breaks any of these rules, such as overloading trucks or forcing drivers to work past safe hours.

Examine Product Liability For Faulty Components  

In some situations, the truck itself may be at fault. The manufacturer is held accountable if the accident was caused by a mechanical failure brought on by faulty parts. Accident attorneys also consult with specialists to determine whether faulty equipment, such as defective tires or brakes, contributed to the collision.  

Here are some common manufacturing defects that lead to accidents –

• Defective brakes – If the brakes fail due to a manufacturing defect, the manufacturer is responsible for the accident. 
• Tire blowouts – If a tire is improperly manufactured, it can cause an accident. Hence, manufacturers are held accountable in such cases. 
• Engine or transmission failure – If the transmission or engine failure causes the driver to lose control of the vehicle, the manufacturer may be responsible for the accident. 
• Inadequate safety features – If the truck lacks safety features or has a design flaw that causes accidents, the manufacturer could be held liable for the damage. 

Use Expert Testimony  

Because semi-truck accidents are complicated, a personal injury lawyer in Reno frequently uses expert witnesses to support the client’s claims. Experts in accident reconstruction can help identify the cause and circumstances of the collision. In addition, medical professionals may also be asked to testify regarding the severity of the injuries and how they may impact the quality of life going forward.

Takeaway

Cases involving truck accidents can be complex, involving several parties and rules and regulations. It may sometimes be very challenging to figure out who’s responsible. Hence, working with lawyers can help locate all possible sources of responsibility. 

An attorney can negotiate with insurance companies on your behalf to ensure that you are fairly compensated. Additionally, you don’t have to settle for an unreasonable settlement. Instead, you can get compensation that covers your medical bills, lost earnings, pain and suffering, and other damages, even though insurance companies frequently try to minimize compensation.

Need Help With a Trucking Accident Claim? Contact Bradley Drendel & Jeanney Now!

Semi-trucks are large, heavy-duty commercial vehicles, and when drivers ignore safety rules or trucking companies cut corners to save money, it can lead to devastating consequences. Most accidents occur due to negligence, driver fatigue, and poor maintenance. 

These accidents cause severe injuries or, in the worst cases, take lives. So, if you or your loved ones are involved in a semi-truck accident, know that we are ready to fight for you. You are entitled to file a claim, and we will help you do exactly that. 

At Bradley Drendel & Jeanney, we help you fight back, as insurance companies and manufacturing companies can easily shift the blame away from them. 

Reach out to Bradley Drendel & Jeanney as we stand by you and for you! We make sure your voice is heard!