Who Can Be Held Liable in a Commercial Truck Accident?

Commercial truck accidents can be quite complex, and being able to determine who is responsible can involve a lot more than solely the person driving the truck. Unlike common car accidents, truck crashes can deem multiple parties responsible. To determine who is liable, there needs to be a careful investigation of drivers, companies, and third parties.
The Truck Driver
Truck drivers can be deemed responsible under a few different circumstances. The most common ones include speeding or reckless driving, hours-of-service violations, and distracted driving.
Evidence like driver logs, dash-cam footage, and police reports help determine whether the truck was being properly driven. Even if the driver is responsible for being negligent, liability can often reach past them and extend to other circumstances surrounding the crash.
The Trucking Company or Motor Carrier
Trucking companies and motor carriers can commonly be held liable in trucking accidents. Vicarious liability allows an employer to be responsible for the actions of their employee if the accident occurred under the scope of employment. Essentially this means that even if the trucker is the one who caused the accident, they were acting on behalf of their employer so the employer can still be held partially responsible.
Additionally, trucking companies could encounter direct liability for being negligent on their own. The most common instances of this happening are when the company doesn’t properly train their employees, ignores safety violations, or encourages overworked schedules. These trucking companies/employers should be sure to pay attention to the Federal Motor Carrier Safety Regulations and make sure they’re actively complying with them.
Maintenance and Repair Companies
Trucks require scheduled maintenance repairs and inspections in order to continue operating safely. If this upkeep is done by third party companies rather than the driver or the employer themselves, then they could potentially hold a part of the responsibility if the accident was caused as a result of improper upkeep. Common mechanical issues like break failure or tire blowouts can be tied to maintenance and repair companies which strengthens claims that they’re somewhat at fault.
The best way to avoid being deemed responsible is to accurately document all maintenance and inspection reports. Following these accidents, expert mechanical evaluations can determine whether repair companies met safety standards. If these evaluations show that these standards weren’t met, then repair companies can be held responsible.
Other Potentially Liable Parties
In certain trucking accidents, other parties could be partially held responsible for the crash. Other vehicles on the road involved could be deemed liable if their driving was reckless and helped cause the accident. In uncommon circumstances, government entities can be considered liable if unsafe road conditions played a significant role in the accident.
Since commercial truck accidents typically involve multiple elements, being able to properly point them all out is key. Conducting an investigation is what helps to make sure that all parties involved are properly held responsible and that victims are able to receive the maximum amount of available compensation.

Why Identifying All Liable Parties Matters
Trucking accidents usually result in disastrous outcomes as far as damages are concerned. Because of this, identifying all parties responsible is the only way to handle increasing insurance coverage, avoiding blame shifting from happening, and ensuring total compensation is fair.
The best way to approach being as thorough as possible is to launch an investigation immediately. These early investigations provide documentation that leaves enough of a paper trail to better protect those who are facing damages and holds the necessary parties responsible.
Seeking Legal Help
Trucking accidents can be overwhelming and hard to navigate. The best way to help get yourself through the entire process with the most success possible is to have a skilled legal team to answer your questions and provide you with representation. Shasteen, Morris & Ockander located in Lincoln, Nebraska is here to provide just that. Make sure you reach out for your free consultation as soon as possible.

