Commercial truck accidents are different from crashes that involve only passenger cars, in part because a trucking company usually employs the truck driver involved in the wreck. As the trucker’s employer, the trucking company (also known as a carrier) may bear legal responsibility for the truck drivers’ actions, as well as for the safety of the trucks it owns. In addition to a truck driver and the carrier, several other parties may be liable for a truck accident. This is why an attorney can help. An experienced truck accident lawyer can investigate your accident to determine its course and based on the evidence, who can be held accountable. There are a number of things that can contribute to a trucking accident and because of that, a number of people may be held liable.
Causes of Trucking Accidents
There is a variety of data that should be reviewed after a commercial truck accident to determine what happened and who all may be legally responsible for the crash. Accident commonly results from the following…
Improper loading can cause an imbalance in the trailer that increases its chance of a jackknife or rollover accident.
Distracted driving, may involve texting, eating, smoking, and other distracting activities while driving.
Reckless driving things like speeding, improper lane changes, or tailgating.
Negligent hiring, in which the truck company was careless in selecting a qualified driver.
Fatigued driving, if a driver has violations of the FMCSA hours of service regulations.
Drug or Alcohol, making the truck driver less aware of their reactions to avoid a collision.
Truck maintenance, negligence in properly maintaining the truck.
Investigation of Key Evidence
The liable party or parties can be revealed through the investigation of the accident.
Was the driver driving in a careless or reckless manner?
Was there a third party involved and for any other action that contributed to or caused the accident?
Was there a failed mechanical action to keep the vehicle in safe working order?
Was the trucking company negligent in hiring or failing to perform a drug test on the driver?
When the Truck Driver May Be Responsible
A commercial truck driver may be responsible for an accident when their actions behind the wheel contribute to the crash. Speeding, distracted driving, following another vehicle too closely, unsafe lane changes, driving while fatigued, or operating a truck while impaired can all play a role. Determining whether the driver acted negligently often requires reviewing evidence such as the police report, witness statements, electronic logging information, vehicle data, and available photographs or video.
When the Trucking Company May Be Responsible
The trucking company may also bear responsibility depending on the circumstances surrounding the accident. A carrier may face liability when problems involve negligent hiring or supervision, inadequate driver training, unsafe company practices, or failure to properly inspect and maintain its vehicles. Because trucking companies may possess important records related to drivers, maintenance, inspections, and company procedures, obtaining and preserving this evidence can be an important part of investigating a serious truck accident.
Why More Than One Party May Be Involved
Truck accident cases can become especially complicated because responsibility may extend beyond the driver and trucking company. Depending on what caused the collision, other potentially responsible parties could include a maintenance provider, cargo-loading company, vehicle or parts manufacturer, contractor, or another motorist. A thorough investigation can help determine how the accident occurred and identify each person or company whose actions may have contributed to the injuries and losses.
Determining responsibility after a commercial truck accident requires looking beyond what happened at the moment of impact and examining the actions of everyone involved. If you have been injured in a Kentucky truck accident, an experienced personal injury attorney can investigate the circumstances, identify potentially responsible parties, and help you understand your legal options.
FAQs
1. Who can be held responsible for a commercial truck accident?
Depending on the circumstances, the truck driver, trucking company (carrier), or other parties may be responsible for a truck accident. Determining liability requires investigating what caused the crash and whether multiple parties contributed to it.
2. When can a trucking company be responsible for an accident caused by its driver?
A trucking company may bear legal responsibility for the actions of a driver it employs. A carrier may also face liability for its own conduct, such as negligent hiring practices or failing to properly maintain its trucks.
3. Can both the truck driver and trucking company be liable for the same accident?
Yes. A truck accident investigation may uncover evidence that both the driver and the trucking company contributed to the crash. For example, the driver may have been driving recklessly or while fatigued while the carrier may have contributed through negligent hiring, maintenance, or other practices.
4. What evidence can help determine who was responsible for a truck accident?
An investigation may examine the driver’s actions, vehicle maintenance, possible mechanical failures, the trucking company’s hiring and drug-testing practices, cargo loading, and whether another party contributed to the collision. This evidence can help identify the party or parties that may be legally responsible.
5. Can parties other than the driver or trucking company be responsible?
Yes. Depending on how the accident occurred, other parties could potentially share responsibility, including manufacturers, distributors, vendors, or other third parties. This is one reason commercial truck accident cases can be more complicated than typical passenger-vehicle accidents.
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