Truck Accident Liability and Causes
Truck accident liability and the causes of these types of collisions can be different from motor vehicle crashes. Their complexity makes it important to obtain help after you’ve been in a collision that involves a big truck. Because of their much larger size and weight, catastrophic injuries and fatalities occur commonly. Having a strong case helps the injured person or grieving family obtain the compensation they need to pay for their financial losses.
Statistics on Truck Accidents
According to the Insurance Institute for Highway Safety, there were 4,102 fatalities caused by collisions with big trucks in 2017. Sixty-eight percent of the fatalities were to those in passenger vehicles. Fourteen percent of the fatalities were to motorcyclists, bicycle riders or pedestrians.
Determining Liability
Let’s say, for example, that you are driving along and obeying traffic laws when a big rig suddenly crosses multiple lanes and hits you. Determining who can be held liable for your accident injuries is different from being struck by a passenger vehicle.
Outsourcing the Liability
Companies making big rig deliveries often do not own the vehicles and use independent operators instead to drive and load the truck. This changes the liability since independent operators are not considered employees. If a truck owned by an independent operator is involved in a collision, the company would be able to argue that they had no truck accident liability.
Some of the arguments used would include:
- Since the truck operator is independent, the company carries no responsibility for inspections, repairs, or maintenance.
- The packing of the goods being transported was done by a third-party company or the operator. Therefore, the company reasons it has no truck accident liability when a poorly loaded truck experiences a rollover or drops the load in the roadway.
- The independent operator is solely responsible for committing an error that causes an accident such as speeding, texting while driving, or being fatigued.
Sticking Point
However, trucking companies claiming they have no truck accident liability due to independent owners and contractors may be upended by changes in regulations and federal laws. Companies that have a trucking permit can be held responsible for accidents if the company’s name or placard is on the truck.
Who Can Be Held Responsible?
Those who may be held responsible when a truck accident causes an injury or fatality include:
- The driver
- Persons who own either the truck or the trailer
- Individual or company leasing the vehicle or trailer from its owner
- Truck manufacturer or defective parts manufacturer
- When improper loading is the cause of an accident, the individual who loaded the truck or shipper may face truck accident liability
Truck Accident Causes
In order to hold a driver or company responsible, truck accident liability must be proven. The most common causes that are due to negligence include:
- Fatigued driving due to too many hours on the road
- Drugged driving, which can include over-the-counter medicines to try and stay awake during long runs
- Distracted driving because of boredom, changing radio stations or texting/talking on a cell phone
- Speeding to make a delivery more quickly or hit a deadline
- Poor driver training, which means a trucker may not react properly in an emergency, causing a jackknife or rollover
- Neglected maintenance, which can affect brakes, steering or tires
Sacramento Truck Accident Lawyer
I’m Ed Smith, a Sacramento truck accident lawyer. When you’ve been injured or have lost a loved one in an accident with a big truck, you need an experienced truck lawyer at your side. For my free and friendly advice, please call (916) 921-6400. The toll-free number is (800) 404-5400 for those outside the calling area. Some people prefer to use our contact form online.
In my 37 years as a personal injury lawyer, I’ve obtained compensation for many Sacramento residents. Whether it’s any type of car accident, a wrongful death or traumas such as brain injuries, I can help.
You can find out about how well a law firm may serve you by looking at reviews and cases they have handled. Mine are at the following pages:
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Photo Attribution: https://pixabay.com/photos/highway-road-truck-vehicles-3392100/
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