Who is Responsible for a Truck Accident? Understanding Truck Accident Liability
Due to the sheer size of trucks compared to cars, bikes and motorcycles, truck accidents tend to involve more serious injuries than other types of motor vehicle accidents. When it comes to truck accident liability, claims can be more complex because commercial truck drivers and trucking companies are subject to extensive safety regulations, and multiple parties may potentially be held responsible for a collision.
In this blog, we will explore how fault is determined in truck accidents. If you or a loved one was injured in a trucking accident, an experienced, local truck accident attorney can determine the true value of your case, gather evidence, and help you fight for the maximum settlement.
How is Truck Accident Liability Determined?
One of the first steps in a truck accident claim is determining who is responsible for the accident. There are three main ways liability is investigated:
- Law enforcement officers. Law enforcement officers would typically be called to the scene to investigate the crash and may document what happened in a police report. Police officers may interview drivers and witnesses, photograph the scene, examine vehicle damage, and look for evidence of traffic violations. They may also determine whether factors such as speeding, distracted driving, impairment, or driver fatigue contributed to the crash.
- Insurance companies. Both the at-fault driver and injured person’s insurance companies conduct their own investigations to determine who they believe was at fault and whether they will accept or deny a claim. Insurance companies typically review the police report, statements from the people involved, photographs, medical records, and other available evidence. Because commercial trucks and trucking companies must follow extensive safety regulations, an investigation may also examine the truck driver’s records and the trucking company’s records. These may include hours-of-service logs, drug and alcohol testing records, training records, vehicle inspection and maintenance records, and electronic data from the truck.
- Truck accident attorney. If someone injured in the collision pursues a truck accident claim, their attorney may conduct an independent investigation and gather evidence to establish liability. An attorney investigating a truck accident may gather additional evidence, such as surveillance or dashcam footage, electronic logging data, truck maintenance records, driver qualifications, company policies, and information about how the truck’s cargo was loaded. This investigation can be particularly important when an insurance company disputes liability or attempts to place some of the blame on the injured person.
The evidence collected during these investigations can help show what caused the accident and who may be legally responsible.
Who May Be Liable for My Truck Accident?
Depending on the circumstances, potentially responsible parties may include:
- The truck driver. If negligent driving, driving while fatigued, violating hours-of-service requirements, impairment, or another unsafe action taken by the truck driver caused the crash, the truck driver may be liable.
- The trucking company. If the trucking company contributed to the accident through negligent hiring, inadequate training, poor supervision, or instructing a truck driver to drive more hours than legally permitted, they may be liable for the accident.
- The truck owner/leasing company. If the owner or leasing company was responsible for maintaining the truck and failed to properly maintain or inspect the truck, they may be liable for the accident.
- A maintenance company. If improper maintenance or repairs contributed to the accident, the maintenance company that performed the work may be liable.
- A cargo-loading company, shipper, cargo owner, or trucking company. If cargo was not loaded or secured properly or the truck was overloaded, and the improper loading, inadequate securement, or excess weight caused or contributed to the crash, the responsible party may be liable.
- A vehicle or parts manufacturer. If a defective vehicle or component contributed to the accident, the vehicle or parts manufacturer may be liable.
- A governmental entity. If a governmental entity failed to install proper road signage or maintain the roadway adequately and those factors contributed to the accident, it may share liability. A truck accident attorney can provide necessary support for claims against government entities, which often involve special rules and procedures.
Ultimately, an insurance company may determine whether it believes the person they insure is responsible for a claim, but that is not the same as making a final legal determination of liability. A truck accident lawyer negotiates with the insurance company on behalf of their client (the injured person). If the parties cannot agree on who is responsible, the claim may be resolved through a settlement or, depending on the circumstances, arbitration or a lawsuit. In a lawsuit, a judge or jury determines liability based on the evidence and applicable law.
What Happens When You Are Partially at Fault in a Trucking Accident?
Washington applies “pure comparative negligence” to personal injury claims, which means that even if you are partly at fault for the collision, you may still recover compensation (all the way up to 99 percent at fault). However, your award will be reduced by your percentage of fault.
For example, if you suffered $100,000 in damages and you are assigned 20% responsibility for the accident, your compensation would be reduced by $20,000.
Seek the Help of a Truck Accident Lawyer
If you or a loved one was injured in a collision because of the negligence of another, contact a personal injury lawyer to discuss your legal rights. Let an experienced truck accident attorney fight for the full compensation that you deserve. It is not uncommon to receive a settlement from the insurance company that is five to ten times larger with the help of a lawyer. Call the personal injury lawyers at Tario & Associates, P.S. in Bellingham, WA today for a FREE consultation! Since 1979, our personal injury law firm, Tario & Associates, P.S., has been dedicated to fighting for the rights of people injured throughout Washington State, with local offices in Bellingham and Mount Vernon to serve residents of Whatcom, Skagit, Island, and Snohomish counties. You will pay nothing up front and no attorney fees at all unless we recover damages for you!
