Determining fault in a trucking accident is more complex than determining fault in a normal automobile wreck. Due to their much larger size and the heavy loads they bear, trucks that become involved in accidents may cause more damage.
They also fall under different rules, specifically those set by The Federal Motor Carrier Safety Administration. Liability also does not have to settle upon one person or group. Many parties may find themselves liable in the wake of a trucking accident.
Truckers and Their Employers
The truck operators may be liable if they violate FMCSA regulations or those of the road through actions like ignoring the driving and hour limits for truckers, speeding or driving while intoxicated. If the trucking company failed to do a proper background check and the driver has a past record of such violations or it failed to properly train the driver, the company may also be liable. The company may also bear liability for the driver not following the hours-of-service limits.
Cargo Companies
Loading large amounts of cargo requires caution. Unsafely loaded cargo may result in a serious collision. If an independent contractor was in charge of loading, the company may be liable if a wreck occurred because of an unsafe load.
Truck Manufacturers
Sometimes wrecks happen as a result of a factory defect in a part. In these instances, the manufacturing companies may be liable.
Trucking accidents may result in severe injuries and property damage. More than one group may be liable for these damages, depending on the cause of the wreck and whether or not all parties involved properly carried out their responsibilities.
What makes trucking accidents different from car accidents?
A fully loaded tractor-trailer can weigh up to 80,000 pounds, roughly 20 times as much as a typical passenger car, and it needs far more distance to stop. When a truck and a car collide, the people in the car usually suffer the worst of it, and the injuries are often catastrophic: brain and spinal cord injuries, multiple fractures, and too often, a fatal crash. Trucking cases also differ legally. Commercial carriers must follow federal safety rules on driver hours, inspections, maintenance, and drug and alcohol testing, and they typically carry much larger insurance policies than individual drivers. Their insurers and legal teams usually get involved quickly.
Who else can be responsible for a trucking accident?
Beyond the driver, the trucking company, the loader, and the manufacturer described above, responsibility can also extend to:
- Maintenance and repair companies, when worn brakes, bad tires, or faulty repairs contribute to a crash.
- Shippers and freight brokers, in some cases, when their instructions or schedules contributed to unsafe conditions.
- Other drivers, in crashes involving several vehicles. We explain how fault is sorted out in our article on identifying the vehicle liable in a multi-car crash.
- Government entities, when a dangerous road design or poor road maintenance played a part. Claims against government bodies follow special notice rules and deadlines.
What causes most trucking accidents?
Many trucking crashes trace back to a handful of causes: driver fatigue from long hours (see drowsy driving and commercial vehicle crashes), distraction, speeding, following too closely, improperly loaded or secured cargo, poorly maintained brakes and tires, and the large blind spots around every truck. Our article on large truck blind spots explains where those zones are. For a broader picture, see our statistics on large truck crashes and serious injuries.
What evidence matters in a trucking accident case?
Trucking cases often turn on records that only the trucking company holds, including:
- Electronic logging device data showing the driver’s hours on duty
- The truck’s engine and “black box” data, such as speed and braking before the crash
- The driver’s qualification file, training records, and driving history
- Maintenance, repair, and inspection records
- Drug and alcohol test results after the crash
- Dash camera footage and dispatch communications
Some of these records only have to be kept for a limited time, and trucking companies often send their own investigators to a crash scene within hours. An attorney can send a formal request that the company preserve this evidence, which is one reason to speak with a lawyer early.
What should I do after a crash with a commercial truck?
Call 911 and get medical care, even if you feel fine at first. If you can safely do so, photograph the vehicles, the scene, and the company name and DOT number shown on the truck’s cab door. Get the names and contact information of witnesses and ask for the police report number. Keep your medical records and bills, and track time missed from work. Before you give a recorded statement to the trucking company or its insurer, speak with an attorney.
Frequently Asked Questions
The trucking company’s insurance adjuster called me. Should I talk to them?
Be careful. The adjuster works for the trucking company, and you are generally not required to give them a recorded statement. It is wise to speak with an attorney before you discuss the crash or sign anything.
What if I was partly at fault for the crash?
Being partly at fault does not automatically prevent a claim, though it can affect the amount recovered. Learn more about what happens when you are partly at fault for your accident.
What does it cost to talk with Glass & Tabor?
The initial consultation is free. It gives you a chance to tell us what happened and ask your questions, and it helps both of us decide whether the firm is the right fit for your situation.
If you or a loved one was hurt in a crash with a commercial truck, learn more about our trucking accident practice or contact Glass & Tabor in Norman, Oklahoma for a free consultation.