Who Can Be Held Liable In A Truck Crash

When a truck crash occurs, liability can extend beyond the driver to other parties, depending on the circumstances and factors contributing to the accident. Consulting with a top truck accident lawyer in Philadelphia can guide you in identifying the responsible parties and building a strong case during a lawsuit. Here’s a look at the various entities that may be held liable in a truck crash.

The Truck Driver

The truck driver is often the first individual scrutinized in an accident as many collisions are caused by the following:

Driver Negligence

Driver negligence can take many forms, including reckless driving, distracted driving, driving under the influence, and failing to adhere to traffic laws. 

Fatigue and Hours of Service Violations

Truck drivers must follow the Hours of Service (HOS) regulations set by the Federal Motor Carrier Safety Administration (FMCSA). These regulations limit the number of hours a driver can operate their vehicle to reduce fatigue. 

Improper Training

Truck driving requires specialized training, and a lack of knowledge or improper handling of the vehicle can lead to accidents. 

The Trucking Company

A trucking company may be liable for a driver’s negligence under the principle of “vicarious liability,” where employers are held accountable for the actions of their employees when performed within the scope of their employment. This is common in situations where the driver is a direct employee rather than an independent contractor. Other reasons a trucking company may be liable include: 

Negligent Hiring Practices

If a company fails to conduct thorough background checks, verify the driver’s commercial driver’s license (CDL), or hire someone with a history of reckless driving. Trucking companies have a responsibility to hire qualified and experienced drivers.

Law Enforcement of Safety Protocols

Federal and state regulations govern the trucking industry to ensure safety, including regular vehicle inspections, maintenance schedules, and driver compliance with HOS rules. If a trucking company fails to enforce these safety protocols, it can be held liable for any resulting accidents. Additionally, some companies may pressure drivers to exceed legal driving limits, creating a culture that prioritizes delivery times over safety.

The Truck Manufacturer or Parts Manufacturer

Truck manufacturers and parts suppliers can be held liable in cases where a mechanical failure contributed to the accident. For example, if faulty brakes, tires, or steering mechanisms fail and cause an accident, the manufacturer or supplier of these components may be at fault.

Design Defects

A defect in the design of a truck or truck part may also lead to manufacturer liability. For example, if a design flaw makes the vehicle unsafe, such as instability in the vehicle’s structure or issues with load-bearing capacity. 

Failure to Warn

Sometimes, parts manufacturers may be aware of potential risks associated with a product but fail to warn consumers adequately. This can also apply to trucks that lack proper warning labels or instructions, especially for parts that require specific maintenance or care.

The Cargo Loader or Shipping Company

Cargo must be loaded carefully to ensure the vehicle’s stability. If cargo loaders fail to distribute weight evenly, it may cause a shift during transport, leading to a rollover or jackknife accident. If improperly loaded cargo is found to be the cause, the loading company or shipping entity may be liable.

Overloading

Exceeding a truck’s weight limit is also illegal and increases the risk of accidents due to impaired braking, decreased maneuverability, and tire blowouts. The entity responsible for loading the truck, which could be a third-party shipping company, may face liability if an overloaded truck causes an accident.

Hazardous Materials

If hazardous materials are not properly secured, labeled, or handled, the risk to other motorists in a crash increases significantly. Companies responsible for loading hazardous cargo may be held liable for accidents or injuries caused by spills or explosions.

The Truck Maintenance or Repair Company

Trucks must undergo regular inspections and maintenance to ensure they are safe for operation. If a maintenance company or mechanic fails to repair or inspect parts correctly, it may lead to mechanical failures. If these failures contribute to an accident, the maintenance provider may be liable.

Improper Repair Practices

In cases where repair work is improperly completed or parts are installed incorrectly, the repair company may also bear responsibility. This can include using substandard parts, failing to follow manufacturer guidelines, or neglecting necessary repairs during routine maintenance.

Government Entities

Local, state, or federal government agencies are responsible for the maintenance of roads, highways, and infrastructure. Poor road conditions, such as potholes, inadequate signage, or lack of lighting, can lead to accidents. If a government entity fails to maintain road conditions properly or provides inadequate warnings, it may be liable.

Design Issues

Liability may also extend to government agencies if poor roadway design contributes to a crash. This might include sharp curves without adequate warning signs, improper or unclear lane markings, or intersections with frequent blind spots.

Construction Zones

If construction signage is unclear or hazardous conditions are not adequately marked, these entities may face liability.

Third-Party Drivers

Truck accidents can be the result of a multi-vehicle collision or chain reaction. In these cases, another motorist may be partially or entirely at fault. For example, a car may cut off a truck, causing it to swerve and collide with other vehicles. In these cases, the third-party driver’s actions could be the primary cause of the accident and they would be liable.

How is Liability Determined in Truck Accidents?

In many truck accident cases, liability is not exclusive to one party. Multiple parties may share responsibility, and determining liability often requires thorough investigation. Here are some methods used to determine fault:

Accident Reconstruction

Accident reconstruction experts analyze physical evidence from the crash site, including skid marks, vehicle damage, and road conditions, to recreate the accident’s events.

Electronic Logging Device (ELD) Data

Federal law requires most commercial trucks to use ELDs to record a driver’s time on the road. This data can provide insights into:

• Speed: The truck’s speed just before and during the accident.
• Braking: Information on whether and when brakes were applied, indicating possible driver response time.
• Engine Data: RPM, throttle position, and other engine metrics that demonstrate vehicle performance.
• Seat Belt Usage: Whether the driver was wearing a seat belt.
• Steering Input: Any steering maneuvers made prior to impact.
• Impact Severity: Data on the force exerted at the time of the collision.

Dashcam Footage and Eyewitness Testimony

Many trucks are equipped with dashcams, which can capture the moments leading up to an accident. Eyewitness accounts can also help corroborate events and identify potential causes.

Inspection of Maintenance and Loading Logs

Maintenance logs and loading records help establish whether the trucking company or loading entity followed safety protocols.

How a Truck Accident Attorney in Philadelphia Can Help 

A truck accident lawyer in Philadelphia can play a crucial role in determining and proving liability after a truck accident. They have extensive resources and knowledge on how to conduct a thorough investigation. They will gather evidence like accident reconstruction reports, black box data, driver logs, maintenance records, and dashcam footage. Attorneys often work with experts to analyze this evidence, uncovering details about factors such as driver negligence, vehicle maintenance issues, or improper loading practices. They will also assess potential violations of trucking regulations and hours-of-service laws. With this evidence, a car accident lawyer with truck accident expertise can build a strong case to demonstrate each liable party’s role, increasing your chances of securing fair compensation.