Identifying All Responsible Parties in Truck Accident Cases

Driving assistance technologies are becoming increasingly standard in new models of vehicles. Considering that 42,514 motorists lost their lives in car crashes in 2022, according to the National Highway Traffic Safety Administration (NHTSA), it is easy to understand the need for those warning alerts.

Unfortunately, even with the driving alerts, accidents still happen, especially with a semi-truck that suddenly loses control when switching lanes or making a turn. You need to perform many tasks after getting involved in an accident with a big rig. However, one thing you might not be able to accomplish at the scene is to identify all responsible parties in a truck accident case.

The Liable Parties

In any type of collision, it is essential to establish who was at fault. That issue of liability becomes the foundation of any insurance claim or personal injury lawsuit. In a trucking accident, there could be many parties that can be held responsible for the accident. Here are some of the most common possibilities:

The Truck Driver

When determining who is responsible for an accident involving a big rig, the truck driver would be at the top of the list. However, first, there are several obvious facts need to be established. For instance, was the driver operating their rig under the influence of drugs or alcohol? Did they fall asleep at the wheel? Were they distracted by using a cell phone or another device? Did they lack the experience to handle the load that they were hauling?

You also have to take into account the road conditions. Of course, if there were rain, snow, ice, or fog hazards, the truck should have pulled over to wait for that environmental or weather phenomenon to pass. All those factors must be investigated to solidify a truck driver’s responsibility.

The Truck Driver’s Employer

There are certain circumstances under which the truck driver’s company can also be held responsible for an accident. Every trucker needs to have a commercial driver’s license (CDL), meet various health standards, and possess certifications for transporting different types of cargo. The company that employs the driver must verify all that information. A failure to make those verifications can result in an accident, which can make the trucking company partially liable for the truck-involved wreck.

There could also be issues with the truck company compelling the truck driver to skip mandated rest periods to meet a delivery deadline. At the risk of losing their job, the truck driver might comply, which can contribute to an accident.

The Truck Owner

The majority of commercial truck drivers don’t own the rigs they operate. That ultimately makes the owner of the truck responsible for maintenance and upkeep. Yes, the driver needs to inspect their trucks before and after every trip. However, if they file a maintenance request for brake or transmission repair and it isn’t taken care of, then the truck owner may be liable.

The Truck Manufacturer

Brake system or trailer coupling failures are among the many reasons for a truck accident. Those accidents also happen from a tire blowout or problems with the truck’s engine or electrical systems. Even if the manufacturer issues a recall, like the type reported about by USA Today earlier this year, it doesn’t absolve the manufacturer from responsibility. If any of the accident issues are tied to a manufacturing defect, the maker of that truck can be named in a lawsuit.

The Cargo Loader

A common cause of truck accidents is problems with cargo shifting. There could be many “hands” that had a role in packing up that cargo. If the cargo wasn’t properly secured or overloaded for the type of truck, those cargo loaders could be held responsible for any accident that occurs.

Fighting for Maximum Compensation

If you were involved in a severe accident with a semi-truck in Reno, contact us at the Trucking Injury Law Group. We will thoroughly examine all aspects of the incident when you do. If it is determined that your case has merit and you hire us on, you can rest assured that we will fight to get the maximum compensation from all the responsible parties. Call to schedule a consultation today to discuss what happened.