There are more than 13.5 million trucks in America weighing anywhere from 10,000-80,000 pounds, and they’re involved in around 388,000 accidents every year. A staggering 4,000 plus people are killed each year following a truck accident. Hundreds of thousands are left injured. When the truck is involved in an accident that is considered commercial, there are several parties that could be liable to pay compensation.
Here we look at all the potentially liable parties in commercial truck accidents.
Truck Drivers
Most people assume truck drivers are immediately liable for causing an accident, but this simply isn’t true when it comes to commercial trucking. However, there are circumstances where truck drivers are the only party to blame, and they include:
- Driving under the influence of alcohol or drugs (illegal and prescription)
- Distracted driving
- Aggressive driving
- Fatigued driving and breaching working hours
- Speeding
- Reckless actions
- Poor truck maintenance
- Driving with training gaps
These are the types of actions that point to truck driver negligence, and it’s what our personal injury law firm will work hard to prove. However, things aren’t always as they first seem. For example, a fatigued driver may only be in such a state because the schedule he’s been given doesn’t follow break regulations, which are set by the Federal Motor Carrier Safety Administration. A case like this would mean the employer holds some liability.
Truck Driver Employers
Most truck drivers in the US are working on behalf of a company. Like all businesses, they have a duty of care to safeguard their employees and the general public, which means following health and safety requirements including:
- Keeping trucks well maintained
- Hiring qualified drivers and providing training
- Outlining safe routes
- Allowing sufficient breaks
- Loading cargo properly (In some cases)
If a trucking company doesn’t follow these essential health and safety tasks, they may be held liable in a commercial trucking accident. However, the tricky part is proving they acted negligently, which is what our truck accident lawyer will do on your behalf.
Independent Contractors
Some truck accidents work as self-employed truck drivers, meaning they are the company deemed liable. In America, companies like Amazon outsource delivery tasks to contractors and the company outsourcing the work isn’t always liable.
This area of trucking accident compensation claims is complicated, as there’s often an intricate web of policies and contracts to dive into and understand, which is what a truck accident injury lawyer from Karns & Karns Truck Accident Attorneys excels at. After all, we spend countless waking hours working hard to win every case we take on.
Owners of the Truck
Liability often extends further than drivers and employees. When a company hires its fleet of trucks, the leasing company is responsible for making sure they’re well-maintained. If a defective leased truck is responsible for a trucking accident, they are the party that will ultimately pay compensation.
Truck Manufacturers
Negligence in a commercial trucking accident can be traced back even further than a leasing company. Even though truck manufacturers have to follow strict safety regulations during the design and manufacturing process, many models are rushed through the process to hit the market faster. Unfortunately, this means any defects can cause catastrophic accidents before the issue is discovered and the model is recalled.
Cargo Loaders
Commercial trucks carry a variety of cargo ranging from heavy products to hazardous materials. When trucks are loaded, there’s a series of guidelines to follow to determine how the weight is balanced. If the loading rules aren’t followed, those responsible for the job may be liable. As commercial trucks have different contact points on their journey, this could be commercial trucking companies, third-party businesses, and even the truck driver.
The Victim
We understand how traumatic a commercial trucking accident is, especially when the injuries are severe. However, there are some cases where the victim holds all or some of the liability. During your free consultation, your vehicle accident lawyer will fully assess the situation to find out if there’s any fault on your part.
If you do hold some of the blame, you can still claim compensation through a system called “comparative negligence”, which is where liability is shared between different parties. For example, if a truck’s cargo flies into the road and hits your car, but you were tailgating, the liability is shared. Essentially, all parties will present evidence to a jury or judge, and they will decide how the compensation is split.
Evidence Needed in a Commercial Trucking Accident Lawsuit
Before we start thinking about building a trucking accident compensation claim, we have to establish four different elements. To start with, we have to demonstrate that the liable party owed you a duty of care. Considering we’re dealing with a commercial trucking accident; this isn’t usually difficult to prove.
Secondly, we have to show that any liable party breached their duty of care. This is where things get a little tricky, but no hurdle is too complex for our top personal injury attorneys. We will dig through relevant records, interview witnesses, and review CCTV footage to find the evidence we need.
Next up we have to prove that you sustained injuries and they caused financial loss. This is why you must have a medical assessment after the crash and keep hold of medical records, even if your injuries don’t seem serious.
Finally, we have to prove that any liable party caused the injury. Again, this is why it’s essential to keep medical records. To solidify the case, we’ll speak to medical experts who will go on record to explain why your injuries were caused by the accident and how much they may impact your life.
Without suitable evidence for all four of these elements, there’s a chance the claim will fail, which is why you need Karns & Karns Truck Accident Attorneys fighting in your corner.
If you or a loved one has been involved in a commercial trucking accident, contact us now to schedule a free consultation; we have offices in California, Texas & Nevada.
