The truck driver is often liable in a truck accident; however, other parties, such as the trucking company, parts manufacturers, or other drivers, may have partial or full responsibility. The circumstances of the accident play a major role in establishing liability.
Large commercial semi-trucks and 18-wheelers can cause horrible damage in accidents with other motorists. Determining who is liable is an important step in filing your claim and getting the compensation you need to recover.
A Bellevue truck accident lawyer can help you understand who is liable in a truck crash. Our team has recovered over $100 million for injured accident victims. Contact us today to schedule a free case review and discuss your truck accident.
When the Truck Driver Is Liable
Understandably, the truck driver is often the first person looked to as accountable for a truck accident. Most truckers are responsible professionals and know they have the duty to operate their vehicles safely.
If that duty is breached, and they cause you actual harm in the form of injuries or financial damages, they may be liable. It only takes one dangerous or inexperienced driver to cause major damage. This can include cases of:
- Speeding and reckless driving
- Distracted driving
- Willfully or mistakenly ignoring traffic laws
- Driving under the influence of alcohol or drugs
- Driving while excessively tired
- Lack of experience
However, several other parties can play a role in a truck accident as well, the next most significant being the trucking company.
When the Trucking Company Is Liable
The relationship between a trucking company and a crash on the roadway is complicated, but in certain instances, the company can be liable. This includes when they inadequately train drivers, fail to perform background checks, or force drivers to work long hours without rest.
The Federal Motor Carrier Safety Administration (FMCSA) establishes and enforces safety regulations for the commercial trucking industry. Failure to comply with these regulations can result in penalties, and in the event of an accident, may increase a company’s liability.
If the driver is an employee of the trucking company (not a contractor), the company may be liable via vicarious liability when the driver is in an accident. This can apply in different ways, depending on jurisdiction.
Additional Liable Parties
While less common, your attorney may uncover other parties who are liable in a truck accident. These could include the following:
Freight Loaders (Shippers or Warehouses)
Many trucking companies don’t load the freight themselves. If the party responsible for loading, such as a shipper, warehouse, or third-party logistics provider, makes a mistake, it can result in an uneven or unsecured load. This increases the risk of instability, rollovers, or jackknifing.
Mechanics and Maintenance Providers
If a trucking company relies on a third-party mechanic or maintenance contractor to inspect or repair its fleet, that company may be liable if its negligence allows unsafe trucks on the road. This could lead to failures such as brake malfunctions, tire blowouts, or steering problems.
Truck and Parts Manufacturers
The automotive company that builds the truck or a parts manufacturer may be liable in a truck accident if their equipment fails and causes the crash. This may be due to a manufacturing defect, a poor design, or inadequate quality control.
Other Drivers or Pedestrians
Truck drivers aren’t always liable in a truck accident. Another motorist, or even a pedestrian, may contribute to or cause the collision via reckless or negligent behavior. Through their investigation, your attorney will uncover any additional parties that played a role.
Construction Companies
Road construction can alter traffic patterns and create hazards. If a construction company creates unsafe conditions such as inadequate signage, poor lane markings, or improperly placed cones or barriers, it may be liable for accidents that result from that negligence.
Government Entities
In rare cases, the local or state government may be liable in truck crashes if it allowed poor road conditions, failed to enforce traffic laws, or if a government employee contributed to the crash.
However, suing a government entity involves specific procedures and shortened deadlines, which can make the claim process more complex.
How Is Liability Determined in a Truck Accident?
With the above parties potentially responsible for a truck accident, establishing liability requires an extensive investigation of how the crash occurred and who contributed to it. Your attorney will review evidence such as:
- Police reports
- Maintenance logs
- Eyewitness accounts
- Black box data
Attorneys may rely on professionals such as accident reconstruction experts to recreate the incident. Ultimately, proving liability means showing that a party acted negligently and failed to meet a legal duty of care, and that directly caused the accident and your damages.
Get Help With Your Truck Accident
If you have been in a crash with a large truck, you may be wondering who is liable in a truck accident. When the accident wasn’t your fault, you’ll need to file a claim with the at-fault party’s insurance company.
You may have extensive medical issues that will take weeks or months to heal. Your vehicle may be destroyed, and you may not be able to attend work to earn the money you need to make ends meet.
At Premier Law Group, our team has over 55 years of combined experience advocating for injured accident victims in Washington State. Contact us today for a free case review and find out how we can help with your truck accident.
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