Unfortunately, truck accidents can become catastrophic due to their size, weight, and load. This type of collision can cause extreme turmoil physically, emotionally, and financially. The silver lining is that you can claim compensation for the damages incurred from the crash.
In such a case, the driver who committed violations resulting in the truck crash should be responsible for covering the damages. However, there are specific circumstances where the truck company can also be liable for the collision.
In this guide, you will learn how to determine a truck company’s liability in a traffic accident and how to hold them responsible for the damages you sustained.
Can I Receive Compensation for the Damages of a Truck Company?
If you’re hurt or someone you love dies in a truck crash, you can claim compensation from the individual or company at fault. This money might help cover the damages and expenses of the collision, like medical bills and lost wages. The liable party’s insurance company usually pays for such losses.
However, to receive compensation for the damages, you need to prove that the truck driver committed an action that caused the crash. This means you should have sufficient evidence showing that the driver was supposed to be careful, but they weren’t, and because of that, the crash happened, and you got hurt or suffered losses.
You might lose your right to a settlement without valid proof justifying the truck driver’s negligence. This is why you should gather evidence at the scene, including the truck driver’s information, photos of the damages, witness statements, and a police report.
When Is a Truck Company Liable for the Damages of the Crash?
Usually, the driver who caused the crash should be responsible for the damages sustained by the victim. So, if the truck driver committed a violation, such as speeding or drunk driving, they are likely liable for covering the damage expenses.
However, specific circumstances can hold the truck company responsible for a truck crash, including the following:
Extensive Work Schedule
One of the most prevalent causes of truck accidents is drowsy driving. Drowsy driving is characterized as operating a vehicle while sleepy, exhausted, or having difficulty staying alert. This conduct can pose several health dangers, potentially impairing the driver’s ability to use the car safely. According to a Centers for Disease Control and Prevention survey, nearly one out of every 25 adult drivers aged 18 and older reported falling asleep behind the wheel in the previous 30 days.
Unfortunately, truck companies sometimes play a role in a driver’s drowsy driving violation. Sometimes, companies impose extreme work schedules, reducing the driver’s time to rest and recover.
In the United States, the Federal Motor Carrier Safety Administration mandated a standard regulation that trucking companies must adhere to when planning drivers’ work schedules. For instance, drivers are only allowed to work up to 11 consecutive hours following at least ten hours off duty.
Suppose the truck driver was overly fatigued, resulting in a crash, and it is determined that the truck company imposed an extreme work schedule. In that case, they are liable for the damages from the collision.
Improper Hiring and Lack of Training
If a trucking firm hires drivers without sufficient background checks or training and they cause accidents, the company may be held liable.
For instance, a truck company hired a driver without checking his driving history. The said driver got involved in an accident, and authorities discovered that he was impaired at the time of the crash. They also determined that he had several DUI violations as the investigation progressed. In this case, the truck company shares liability for the crash.
Similarly, if the trucking company fails to appropriately monitor and oversee its drivers, resulting in risky driving or regulatory infractions, it may be held accountable for the subsequent accidents.
Violations of Other Regulations
The trucking company may be held accountable if any of its drivers or the organization violates any federal or state laws regulating the trucking business, and these infractions lead to an accident.
For example, a truck company allowed an excessive load in a truck to maximize the trip. Unfortunately, the truck’s tires were blown out due to the overload, and the vehicle crashed into four others. The truck company should cover the victims’ damages in such an instance.
Can Other Parties Be Responsible for the Truck Accident?
Aside from the truck driver and the trucking company, other parties may be held accountable for a truck accident, including:
- Truck Manufacturer: If a defect in the truck’s design or construction led to the accident, the manufacturer may be held responsible.
- Maintenance Companies: Companies responsible for truck maintenance may be held liable if inadequate maintenance caused the accident.
- Government Entities: In some circumstances, bad road conditions or inadequate signs maintained by government agencies may contribute to an accident, making them partially accountable.
- Other Road Users: Other road users, such as drivers, bicyclists, and pedestrians, can also cause an accident, depending on the specific circumstances.
Do I Need to Hire a Lawyer for a Truck Accident?
One accident might completely alter your life. We know how frustrating and confusing it is to be involved in a vehicle accident. Truck collisions are also deemed severe since they might result in significant injury or even wrongful death.
Unfortunately, the aftermath of a truck accident becomes even more challenging if you are filing against large truck companies. They usually have a robust legal team to defend their case and avoid paying compensation.
This is why it is best to hire a lawyer for a commercial truck accident who knows how to address these concerns and handle truck accident claims to optimize your compensation. As legal experts, they will collect evidence, prove liability, and negotiate fair settlements.