Semi-truck accidents are extremely dangerous. Depending on the weight and size of the truck, these accidents can cause significant damage to other cars involved. Truck accidents can result in serious injuries and even death. Determining liability in semi-truck accidents is important for victims to seek compensation for damages from the party or individual responsible for the accident. We acknowledge the complexity of determining liability in truck accidents, therefore, we clearly define liability and discuss the possible parties that are responsible for the damages.
What Is Liability?
Liability refers to the individual or party that is considered responsible for causing the truck accident. They are required to pay compensation for economic and noneconomic damages from the accident. Economic damages are monetary losses such as medical bills and damaged car parts. On the other hand, noneconomic damages are not easily calculated losses such as mental distress and suffering.
Individuals or Parties Liable for Semi-truck Accidents
Truck Driver
When a truck driver is involved in an accident, the truck company is typically held responsible for all damages. However, if the truck driver intentionally caused the accident, that individual is responsible to financially compensate for the damages. The following situations are examples of when a truck driver would be held liable for an accident.
- The truck company hired an independent contractor to drive the commercial truck and this individual was not covered under the truck company’s insurance.
- The truck driver made negligent choices when driving the vehicle such as driving under the influence of drugs or alcohol, driving the vehicle outside of working hours, and reckless driving behavior.
- The truck driver was using the company commercial vehicle for personal reasons outside of their typical working hours such as running errands or testing the limits of the truck “for fun”.
Truck Companies
All truck companies are obligated to follow the safety rules that have been enacted by The Federal Motor Carrier Safety Administration (FMSCA). These rules include truck maintenance, ensuring that each truck driver is operating within the allotted time frame, and adequate cargo loading/unloading.
First, truck companies must conduct routine inspections on their commercial vehicles. If the truck does not pass inspection, the truck company must repair any faulty or broken parts of the vehicle before it goes back on the road. If the truck company does not comply with this rule, they may be liable for any truck accidents caused by inadequate care of the truck.
Additionally, truck companies must enforce strict hours of operations for truck drivers. Fatigued truck drivers are more likely to make a mistake, therefore cause a serious accident. The truck company would be liable for the accident due to the lack of enforcing strict hours of operation for the drivers.
Along the same lines as hiring high-quality workers, truck companies can be liable for truck accidents caused by improper loading of cargo. Cargo loaders must abide by the safe weight and balance measurements set by the FMSCA. If improperly loaded cargo causes an accident, the truck company would be deemed responsible for the accident and would have to compensate for all losses.
Why Is It Important To Preserve Evidence From the Truck Accident For Your Claim?
According to the New Mexico truck accident attorneys at The Fine Law Firm, you must have clear and convincing evidence that they were more likely to cause the car accident than you were. If you do not have any evidence from the truck accident, you may struggle proving that the truck driver or truck company was at-fault for the accident. The following list are examples of evidence that you can preserve to prove fault in a truck accident case:
- Photos or videos taken from the accident
- Any report made from the date of the accident (police report, ambulance report)
- Eyewitness statements
- Records of driver’s inspection logs, time sheets, medical and driving history
Generally speaking, it can be difficult determining liability in a truck accident. Depending on the accident, the truck driver or the company can be held liable for all damages. Under these circumstances, it is extremely important to preserve as much evidence from the accident as possible to support your claim.