If you were injured in an accident with a big-rig or 18-wheeler, your case will likely be more complicated to settle—with much bigger settlements involved—than the average car crash.
In most car accidents, the driver who is NOT at-fault will usually sue the other driver for causing their injuries. But in a truck accident, there are many opportunities for something to go wrong and lead to a rollover or crash, even if neither driver is at-fault.
If you were hurt in a truck accident, here are some of the parties most frequently named by injured drivers and their families in truck accident lawsuits.
The truck driver.
One of the most common outcomes in an 18-wheeler crash is the truck driver being held liable for damages against the passenger vehicle. Truck drivers can be held responsible for an accident in a variety of ways, but some of the reasons most frequently named in accident claims are:
- Common traffic violations (speeding, tailgating, failure to signal, etc)
- Driving under the influence (alcohol, drugs, or legal medications that impair driving)
- Distracted driving, or driving through excessive fatigue
- Truck-specific errors, like failing to account for large blind spots
- Negligence in performing daily inspections
The passenger driver, if you’re the truck driver.
Something that often occurs in truck accidents is the passenger vehicle being the cause of the crash. In fact, passenger drivers tend to be responsible for 18-wheeler accidents about as often as truck drivers themselves. Large trucks require additional space to stop their vehicles, and passenger vehicles have been frequently held liable in accidents by not accounting for the extra time they need to slow down.
Some common reasons the passenger driver might be held liable are:
- Common traffic violations (speeding is the #1 cause)
- Driving under the influence (More likely to be impaired than the truck driver)
- Driving while impaired (fatigue/drowsiness, illness, medication symptoms, etc.)
- Reckless driving, including “cutting off” a truck in its blind spots
The trucking company or motor carrier.
In some cases, even if a truck was the cause of a crash, it may not necessarily be the driver’s fault that an accident occurred. A trucking company or motor carrier can sometimes be held responsible if the court finds that it played an active role in the underlying cause of an accident.
Some common reasons why a trucking company may be held at-fault over the truck driver are:
1. Failing to comply with FMCSA or state-issued regulations.
Though not all trucking companies are required to follow federal trucking regulations—known as FMCSA—they will still be required to follow state-by-state guidelines for how they manage their operations. A trucking company can be held liable for an accident by violating these regulations, which can include infractions like failing to properly maintain vehicles or making drivers work too many hours.
2. Failing their legal duty of care as a business.
American-owned trucking companies, no matter how big or small, are legally obligated to act responsibly when hiring and training employees. If a company fails to provide proper training, adequately screen drivers in background checks, or ensure that employees all have valid commercial driver’s licenses (CDLs), then the owners could be found responsible for playing an underlying role in an accident, should one occur.
Trucking companies can also be held liable for damages by association—known as “vicarious liability”—if one of its drivers is found responsible for an accident.
A third party, like the truck manufacturer or mechanic.
Occasionally, the main cause of a truck accident can happen because of an error completely out of both drivers’—and the trucking company’s—control. Though it doesn’t happen often, there are a few third parties that can be potentially named in a truck accident lawsuit:
1. A truck manufacturer.
Though trucking companies are responsible for regular vehicle maintenance, a truck manufacturer can instead be held liable if the accident was caused by a major mechanical failure. This can include manufacturing issues (e.g. the use of inadequate quality materials), design flaws (e.g. faulty brake systems that easily overheat), a failure to warn about certain risks (e.g. not disclosing potential safety hazards) and other mechanical problems.
2. A truck mechanic or fleet service provider.
Larger trucking companies tend to handle their own maintenance and repairs in-house, but smaller companies will often work with a third-party diesel mechanic or fleet service provider to keep their trucks in running order.
Usually, the trucking company itself is held responsible for issues with truck maintenance and repair, even for these smaller companies. But occasionally, a fleet service provider can be found liable for errors that occurred during a specific service session, including but not limited to:
- Performing a poor or inadequate vehicle inspection.
- Incorrectly installing a vehicle part during repairs.
- Failing to notice a worn-down or damaged component.
3. A cargo loading or shipping company.
In rare cases, the logistics company responsible for loading and distributing cargo onto a trucking company’s fleet can be the unexpected third party in an accident. Some common mistakes—like overloading a truck with too many goods, or distributing weight unevenly across its semi-trailer—can potentially lead to serious cargo-related crashes, including rollovers and jackknife accidents.
File a Truck Accident Claim
If you or a loved one were injured in a truck accident, submit our online eligibility evaluation now to get a free case review and learn your options for compensation. It’s free, and the evaluation only takes a minute to complete.
