Who Is Liable When a Truck Causes an Accident? Breaking Down the Chain of Responsibility
Truck accident liability is easily the most complicated aspect of any crash claim.
It’s not like your typical fender bender where one driver is clearly at fault… Truck accidents involve many different parties who could all be blamed.
The issue: Most crash victims don’t know who is responsible.
And the trucking companies definitely don’t make it easy for you to find out. They hire expensive lawyers to protect their interests and deflect blame.
Fortunately, learning about the chain of responsibility can make or break your case.
You’ll learn:
- Why Truck Accident Liability Is So Complicated
- Chain of Responsibility 101
- 5 Parties That Could Be Held Liable
- How To Ensure Your Rights Are Protected
Why Truck Accident Liability Is So Complicated?
Truck accidents aren’t your garden variety motor vehicle collision.
When two cars collide only one driver is usually at fault. But with large trucks, there’s an entire web of individuals and companies that could be responsible.
That’s because commercial trucking operations are strictly regulated by the Federal Motor Carrier Safety Administration (FMCSA). Regulations control how long drivers can be on the road, how cargo is loaded and secured, vehicle maintenance requirements… You name it.
When one or more of these rules are violated… Someone gets hurt.
The National Safety Council reports 5,472 fatalities occurred in large truck crashes in 2023. Even more shocking is that 70% of the fatalities were occupants of the other vehicle involved in the crash.
This means that the people driving cars bear the brunt of the impact. Partnering with an experienced truck accident law firm in Dallas that understands truck accident liability is one of the best decisions you can make after an accident.
Consider this:
A single truck crash can implicate the driver, trucking company, cargo loader, and even the manufacturer. Anyone along that chain could be liable for damages.
Chain of Responsibility 101
The “chain of responsibility” refers to legal responsibility shared by every party involved in a trucking operation.
It doesn’t stop with the driver. The chain of responsibility extends from the company who hired the driver to the company that loaded the trailer. Any company that fails to follow regulations can be held liable for damages.
This matters because…
Many large trucking companies will do whatever they can to avoid liability. They’ll call their drivers independent contractors or hire third-party maintenance companies to fix their trucks. But courts look past these attempts at dodging responsibility.
The FMCSA has strict regulations for each link in the chain of responsibility. Violations can be used as evidence of negligence in your claim.
5 Parties That Could Be Liable
Okay, now here’s the fun part…
Multiple parties can be held liable for a single truck accident. Let’s go over the five most common liable parties.
The Truck Driver
The driver will always be the first person police look at after a crash.
Were they speeding? Were they distracted driving? Did they drive too long without taking a break? Drivers sleeping at the wheel and distracted driving are two of the top reasons truck crashes happen.
If a driver was negligent, they will be held liable. But it doesn’t stop there.
The Trucking Company
As mentioned earlier, trucking companies are legally responsible for who they hire. They must maintain their fleet and comply with FMCSA regulations. If they try to skip steps…
You can hold them liable too.
Examples of trucking companies being liable include:
- Forcing drivers to work more than hours-of-service allow
- Failing to train drivers or run proper employment screenings
- Skipping vehicle maintenance and inspections
Via vicarious liability, trucking companies can also be held liable for their drivers. Let’s say a driver was intoxicated off the clock and caused a crash. The company isn’t responsible since the driver wasn’t on duty. But if they were negligent while working, then the company is on the hook too.
The Cargo Loader
Did you know improper loading or overweight cargos can cause truck accidents?
If a truck tips, jackknifes or blows through a stop sign because it’s loaded improperly… Who do you think gets to pay for those damages? The person who loaded that cargo.
Any company that loads cargo onto a truck has a responsibility to secure their cargo and obey weight limits.
The Truck or Parts Manufacturer
Mechanical failures cause thousands of preventable accidents each year.
If the truck driver wasn’t tired, texting, or speeding… But their brakes failed. You can hold the negligent party liable through what’s called a product liability claim.
Sometimes truck crashes are caused by defective parts from the truck manufacturer. Brakes, tires, steering systems… If a part failed and caused a crash, the manufacturer who produced it can be liable.
Maintenance Providers
Some trucking companies don’t perform their own vehicle maintenance. They hire third-party providers to handle fluid changes, repairs, and more. If one of these companies was negligent during a repair and that caused the accident…
They can be held liable too.
For instance: Let’s say a brake repair job wasn’t done correctly and the truck couldn’t stop in time. The maintenance provider would be responsible for damages.
How To Protect Your Rights After a Crash
Figuring out liability is only half the battle when you’ve been involved in a truck accident.
You must also:
- Seek medical treatment ASAP. Seriously. Don’t wait. It creates an incident report that you can use later when filing a claim.
- Document everything. Take photos. Write down memories you have of the crash. Get contact info from witnesses.
- Avoid talking to the trucking company’s insurance. They want to pay you what you’re owed. But do they really pay full settlement amounts? Hint: They don’t. Let your attorney handle the communications.
- Work with a knowledgeable lawyer. Truck accidents fall under federal jurisdiction. Not every personal injury lawyer knows FMCSA regulations like the back of their hand.
Remember, time is very limited after a crash. Waiting too long to hire an attorney will allow crucial evidence to get destroyed.
Wrap Up
Freight truck accidents are never as simple as “driver x caused the crash.” Since there’s a chain of responsibility, multiple parties can be blamed for any given accident.
It all starts with the driver. But if they didn’t cause the crash, you look to the person who loaded the cargo. And if they didn’t cause it…
You check every single person involved in the operation.
Until you can identify who was negligent and caused the crash, you won’t get the compensation you deserve. Whether it’s the driver, company, loader or manufacturer… Everyone along the chain of responsibility plays a part in keeping you safe on the road.
Don’t let big trucking companies take advantage of you by hiding behind the complexity of truck accident claims. There’s a reason why common sense safety regulations are in place and that’s to prevent these disastrous accidents from happening to you.
