Truck accidents are often some of the most devastating auto accidents. They can result in serious injuries, property damage, and trauma that can last a lifetime. It can also impact the victim’s professional life and relationships. With their massive size and weight, trucks pose significant risks to other vehicles, pedestrians, and property.
Determining liability in a truck accident is critical, as it dictates who’s responsible for covering the damages, medical bills, and other costs resulting from the collision. At Jacobs and Jacobs Personal Injury Law, we understand how important it is to establish truck accident liability, and we use our experience to help you through this process.
Understanding Truck Accidents And Associated Risks
Truck accidents can happen for a variety of reasons, including human error, weather conditions, and truck manufacturer negligence. Passengers in smaller vehicles that collide with trucks are most vulnerable to catastrophic outcomes as they’re at a higher risk of suffering serious injuries.
The risks associated with truck accidents include severe injuries, fatalities, property damage, and prolonged financial and emotional hardships for victims and their families. Truck accidents aren’t only physically devastating but also legally intricate, as they often involve multiple parties and layers of liability.
So, what makes establishing liability more challenging in truck accidents?
One of the primary reasons why establishing liability in truck accidents is more challenging is that multiple potential liable parties. Aside from the truck driver, the cargo loader, truck manufacturer, truck operator, government entities, and several other parties could be at fault.
Another layer of complexity is added by federal and state regulations. The trucking industry is subject to a range of federal regulations set by the Federal Motor Carrier Safety Administration (FMCSA), as well as state-specific rules. These regulations cover everything from hours-of-service limits for drivers to vehicle maintenance standards. This can often make such cases more technical and challenging.
If a trucking company is a defendant in such cases, you can expect them to put up a strong defense. Truck accidents usually result in significant damage due to the size and weight of commercial vehicles. This makes these cases high stakes for all parties involved.
The trucking company is likely to use every available resource to reduce its liability, which could include hiring experienced legal teams to build a defense, challenging the plaintiff’s claims, and minimizing the extent of damages owed.
There are several other challenges in truck accident cases, including difficulty in gathering evidence, especially records from the truck company itself, who could be at fault for the accident. Data from electronic logging devices (ELDs), maintenance records, inspection reports, and other trucking documents can be crucial to the case, however, they can be challenging to obtain.
Driver Responsibility In Truck Accidents
Truck drivers often play a pivotal role in truck accident claims. As they were driving, any negligence on their part is likely to be a major factor in establishing liability for the truck accident. Their actions and decisions directly impact not only their safety but also the well-being of everyone they share the road with. When drivers fail to meet their legal responsibilities, they can be held liable for accidents.
Examples of Driver Negligence
Truck drivers often work on a tough schedule to meet tight deadlines. They also have long-haul routes that require extended hours of driving, making them vulnerable to fatigue. Fatigue is a leading cause of truck accidents, as it impairs a driver’s ability to focus on the road, react swiftly to any changes in traffic, and make sound decisions to avoid collisions.
Whether the driver is fatigued due to pressure from their employers or a personal negligence, it can result in life-altering accidents for all those involved in the collision.
Another common example of driver negligence is distracted driving. The long haul drives, isolation, and monotonous roads can also lead the drivers to engage in tasks that can take away their focus from the roads. Truck driver distraction includes activities such as using smartphones to text, adjusting in-cab technology like GPS or radio systems, eating or drinking while driving, and even daydreaming as a result of fatigue and boredom.
Unfortunately, driving under the influence of drugs or alcohol (DUI) is also a common factor in truck accidents. When there’s a high blood alcohol concentration(BAC), the driver’s driving ability and their judgement as a driver are both undermined, making them a safety hazard for themselves and other road users.
Given the immense size and weight of trucks, any lapse in control can lead to catastrophic accidents, endangering the lives of other road users and causing severe damage.
Other examples of truck driver negligence include not keeping up with manufacturer-recommended maintenance for the vehicle and not adjusting their driving based on the road conditions.
Legal Duties of Truck Drivers
Truck drivers are required by law to have legal obligations such as adhering to traffic law, not driving above the speed limits, and following other requirements of driving large commercial vehicles.
Additionally, truck drivers are required to comply with federal and state regulations, such as hours-of-service rules, which limit the number of hours they can drive without rest.
The truck drivers must also check their trucks before starting a trip to make sure everything is working safely. If they don’t do these pre-trip inspections, they could face serious fines and be held responsible for accidents.
Trucking Company Accountability In Trucking Incidents
The trucking company can also be held liable for truck collisions. They’re responsible for ensuring that their fleet meets the minimum safety standards set by federal and state regulations. Truck companies that cut corners by skipping maintenance or using subpar parts or materials can be held liable for a collision caused by the mechanical failure of the truck.
Proper hiring and training of the truck drivers is also the responsibility of the truck company. They need to ensure they’re hiring drivers who meet the legal and professional requirements.
The trucking company must also ensure they train the truck drivers to handle their vehicles safely and efficiently, especially under challenging conditions like adverse weather or heavy traffic.
Scenarios of Shared Liability
Several other parties could also be liable for a truck accident. For example, if a shifting load caused the accident, then the cargo loaders could be at fault. Similarly, if a manufacturer defect with the truck caused the accident, then the manufacturing company could be at fault.
Other potentially liable parties include maintenance providers who fail to perform proper vehicle repairs or inspections and governmental entities if road design flaws or poor maintenance contributed to the accident.
Circumstances Leading to Shared Responsibility
Shared liability arises in situations where more than one party is at fault, such as both the driver and the truck company. If a driver causes an accident due to fatigue, the company may also be held accountable if it failed to enforce hours-of-service rules or pressured the driver to meet unrealistic deadlines.
In Washington State, shared liability in truck accidents often arises due to the interplay of multiple factors and parties involved. The state follows a pure comparative negligence system, which means that fault can be distributed among all parties involved in an accident, including the victim. Each party is held responsible for their percentage of fault, and this directly impacts the compensation they owe or receive.
Impact of Employment Dynamics
The employment dynamics or the relationship between the driver and the trucking company are critical factors in determining shared liability. This means that if the driver is classified as an employee, the trucking company would have a higher liability compared to if the driver was an independent contractor.
This is referred to as respondeat superior, which is a legal doctrine that makes an employer responsible for the actions of their employees. It’s also known as vicarious liability.
Regulatory Framework For Trucking Liability
Truck accidents are regulated by federal and state laws to ensure safety. The FMCSA sets rules for driving hours, vehicle maintenance, and driver qualifications. States may add extra requirements for companies and drivers.
Following these rules is essential to determine liability and protect everyone on the road. Breaking them not only results in heavy fines but also increases responsibility in accidents, highlighting the importance of compliance in reducing risks.
Jacobs And Jacobs’ Role In Assisting Clients
Do you find yourself in a situation where multiple potentially liable parties exist in your trucking accident? Allow us at Jacobs and Jacobs Personal Injury Law to guide you through the complexities of such cases. We have handled such cases in the past and can use our experience and legal skills to help you secure the best possible outcome from your claim or lawsuit.
To get started, call us to schedule your free consultation with our truck accident lawyer. In the initial consultation, we will assess your case and guide you on the best legal options. Once retained, we will initiate an investigation to form our legal strategy for the case.
