Important Factors to Consider When Establishing Liability in a Truck Accident
One of the most terrifying things a person can experience on the road is a truck accident. Large commercial vehicles carry enough weight to crush almost any other vehicle they share the road with. As a result of their large size and weight, any collision with a large commercial truck can result in serious injuries.
According to the National Highway Traffic Safety Administration’s most recent traffic safety data, large truck crashes continue to pose a significant danger on U.S. roadways. In 2021, approximately 5,788 people were killed in crashes involving large trucks, representing a substantial increase from prior years. This marked a roughly 13% increase in fatalities compared to 2020, reflecting a continued upward trend in deadly large truck collisions.
Proving Fault in a Truck Accident Claim in California
Truck accidents do not always result in death. Still, a vast majority result in serious injuries. When a truck accident leads to the injury of another, the truck driver may be held responsible for the injuries caused. Depending on the facts of the case, however, establishing liability in a truck accident may be difficult.
After any traffic accident, one of the most important factors in obtaining damages is compiling sufficient evidence providing that one or more of the parties involved was at-fault for causing the accident. Truck accident cases are complicated because they typically involve multiple parties that may bear the responsibility for the accident. The following are just a few of the many parties that can be held accountable for damages caused in a truck accident:
- The Truck Driver
When a truck driver has failed to abide by traffic laws, this is a clear indicator of negligence. Truck drivers are subject to both state and federal rules and regulations, including those imposed by the Federal Motor Carrier Safety Administration.
When a truck driver fails to abide by their legal obligations, and this ultimately results in an accident that causes another’s injuries, the driver will be held at-fault for the victim’s damages.
- The Trucking Company
Trucking companies that have employed truckers involved in an accident may also be held accountable for accidents caused by their drivers. When the trucking company fails to adhere to appropriate hiring practices and allows an unqualified trucker to drive on the road, the company can be held accountable for contributing to the traffic accident.
Trucking companies can also be held accountable when they neglect to establish appropriate maintenance policies. When filing a claim for a truck accident, it is important to investigate if the employer has acted in a manner that could have contributed to the accident.
- Manufacturing Companies
Large commercial trucks are incredibly complicated vehicles where any form of malfunction can lead to catastrophic injuries. When even a single part of the large truck fails to operate appropriately, this can lead to an accident where the manufacturing company can be held accountable for damages.
Obtaining Compensation After a Large Truck Accident
Determining which parties may bear liability for a truck accident requires a disciplined, fact-intensive analysis that goes well beyond identifying the driver. An experienced personal injury attorney will evaluate all potentially responsible actors, including the motor carrier, any third-party logistics providers, maintenance contractors, cargo loaders, and even manufacturers of defective vehicle components.
This process typically involves reviewing driver qualification files, hours-of-service logs, electronic logging device (ELD) data, inspection and maintenance records, and compliance with regulations issued by the Federal Motor Carrier Safety Administration.
A qualified litigator will also assess applicable legal theories—such as vicarious liability, negligent hiring or supervision, and violations of federal safety regulations—to build a comprehensive claim. Just as critical, counsel will move quickly to preserve key evidence (including black box data and onboard communications) before it is lost or altered.
Beyond establishing liability, skilled representation is essential to accurately value the claim and pursue full recovery. This includes not only current medical expenses and lost wages, but also future care costs, diminished earning capacity, and non-economic damages such as pain and suffering.
Through strategic negotiation or, if necessary, trial advocacy, an experienced attorney works to ensure that all responsible parties are held accountable and that the injured party secures the maximum compensation available under the law.
Contact a Qualified Attorney Today
At Milligan, Beswick, Levine & Knox, LLP, championing on behalf of those who have been injured in a truck accident is a top priority. The firm excels in helping injured victims obtain the compensation they need to heal and get their lives back on track after a devastating truck accident. For a free case evaluation, consider contacting Milligan, Beswick, Levine & Knox, LLP today.
James Lawrence Knox is a partner at Milligan, Beswick, Levine & Knox, LLP. For almost three decades, Mr. Knox has been providing aggressive legal representation to clients facing criminal charges, as well as individuals involved in family law issues or facing administrative law proceedings. Mr. Knox, along with the other members of our legal team, is firmly committed to putting the needs of clients first and has a long and distinguished track record to show that he is a skillful litigator and knowledgeable legal professional.