Who Is Liable in a Truck Accident?

A truck accident can be an overwhelming experience that disrupts victims’ lives. After an accident, injured parties may focus on recovering compensation, which requires an identification of all liable parties. These accidents tend to be complex, and multiple parties may be at fault.

Working with an experienced truck accident attorney in Macon, GA, may make it easier to determine truck accident liability and help those injured recoup compensation where appropriate.

Liability Determination in Truck Accidents

A commercial truck accident will typically undergo investigation through local and state agencies and sometimes require additional inquiries from the National Transportation Safety Board (NTSB). These events can cause major injuries or deaths and yield significant financial ramifications. Because of the serious consequences and the significance of commercial trucking companies, determining fault is essential to pursuing a truck accident lawsuit.

The Commercial Truck Driver

After an accident, all drivers come under scrutiny, and truck drivers are no exception. Truck driver negligence can lead to major accidents and violate federal trucking regulations, constituting liability for a lawsuit. The most common examples of negligence in truck drivers include:

• Excess speed for conditions: Driving 15 MPH or more over the speed limit counts as speeding, and the limit may be lower in adverse weather conditions or heavy traffic. These serious offenses may impact the driver’s future eligibility for commercial driving.
• Reckless driving: Some of the behaviors that count as reckless driving include running stop signs or red lights and failing to yield.
• Improper lane changes: Because of the massive size of commercial trucks and their many blind spots, failure to change lanes properly can leave nearby vehicles in danger. It is essential for truck drivers to check their blind spots and signal appropriately to avoid causing accidents.
• Following too closely: Any level of tailgating is dangerous, but when a semi-truck does this, it can cause serious accidents. These heavy vehicles require more time to stop, especially when pulling a fully loaded trailer.
• Distracted driving: Barring an emergency, truck drivers are banned from using their cell phones while driving. Violating this regulation leads to accidents, as texting and talking distract the driver and cause slow reaction times. Other distractions may include eating, drinking, changing radio stations, smoking, or adjusting the air conditioning.
• Substance use: Commercial truck drivers are prohibited from being under the influence of drugs or alcohol while operating their vehicles, but driving under the influence remains a persistent issue and a leading cause of accidents in the industry.
• Maintenance neglect: Truck drivers sometimes fail to properly inspect their rig before driving, leading to mechanical failures and malfunctions. For instance, improperly securing cargo can lead to imbalances that cause the driver to lose control, resulting in jackknifing or tipping accidents.

If a truck driver’s negligence causes an accident that results in harm to others, it may be grounds for a commercial trucking lawsuit.

The Trucking Company

In some cases, a crash is due to a failure on the part of the trucking company. Some drivers are independent contractors who work for various companies throughout the year, while others work solely for one company. If the driver is a full-time employee of a given company and the accident occurred while they were acting within the scope of their duties, the trucking company may be liable for the damages after an accident.

This principle is known as vicarious liability and does not explicitly apply to independent contractors. Consequently, some companies misclassify their employees as contractors to avoid liability. A qualified attorney may help unearth a driver’s actual employment status and determine whether the company is at fault due to:

• Improper hiring practices
• Failure to screen appropriately for alcohol, drug use, or other impairments
• Inadequate training
• Maintenance and repair neglect while a truck is under company ownership
• Pressure for drivers to work beyond their federal hours of service limits and exacerbating fatigue
• Failing to dismiss a driver after prior incidents

It is important for those affected by a crash to consider working with a personal injury lawyer experienced in investigating trucking company liability.

The Truck Manufacturer

The companies responsible for designing and manufacturing semi-trucks are required to ensure that all components are safe and effective, in line with industry standards. Mechanical failures on these large commercial vehicles can cause significant accidents. When a manufacturer releases defective parts that cause malfunctions on the road, they may be at least partially liable for the accident.

To assess the defects, an attorney can demand that the trucking company preserve the affected truck for inspection by automotive engineers.

Other Third-Party Involvement

Other parties that may be responsible for accidents include mechanics and service centers, other drivers, or shipping and loading companies.

A mechanic or service center is responsible for providing safe and reliable repairs and maintenance, as necessary. Negligent service can lead to malfunctions and accidents. While the duty of attending to maintenance relies mainly on the owner-operator or the trucking company, the servicer may still be liable if the maintenance they provide fails to keep the truck in line with industry regulations.

Additionally, loading or shipping companies can be liable for accidents if their loading techniques result in an imbalanced or poorly secured load. They will share liability with the driver, who must inspect their cargo before driving. Sometimes, the driver may not immediately notice that a load exceeds the truck’s weight limits or is unevenly distributed, and this negligent loading can lead to accidents.

Sometimes, another driver’s negligence leads to a commercial trucking accident that affects those around them. If another diver drives unsafely and causes a crash despite the truck driver’s compliance with federal safety measures, they can be liable for the damages after an accident.

Consult Dellacona Law Firm

After sustaining an injury in a trucking accident, it may be helpful to work with an attorney who can assess each party’s liability and help you pursue compensation where appropriate. Dellacona Law Firm can assess evidence from the scene, such as witness testimonies and black box records, to determine truck accident liability and help protect your rights.