Commercial vehicle accidents are some of the worst kinds of crashes that occur on our roads today.
They’re bad because of their size. When trucks and commercial vehicles get into accidents… they tend to be absolute disasters.
But what’s worse?
Figuring out who is liable for these wrecks.
Like any vehicle accident, you can typically pin the fault on one person. But with big rigs and commercial entities involved, who is legally responsible? It’s not always clear-cut.
In this article:
- Why Commercial Vehicle Accidents Are So Dangerous
- The Key Parties That Could Be Held Responsible
- How Liability Gets Determined After a Crash
- Steps To Take After a Commercial Vehicle Accident
Let’s find out who could be held liable if you get into a commercial vehicle accident.
Table of Contents
Why Commercial Vehicle Accidents Are So Dangerous
Large trucks and commercial vehicles cause some serious damage when they collide with other cars.
In 2023, 5,472 people died in traffic crashes involving large trucks. Can you believe that? Over 5,400 people killed in JUST truck accidents. And of those fatalities, approximately 70% involved occupants of other vehicles.
That means 70% of the people that died in large truck accidents were driving regular passenger vehicles. Commercial vehicles can weigh up to 80,000 pounds when they’re full. Some cars weigh 4,000 pounds.
If a regular passenger vehicle is involved with a vehicle that size, there’s nowhere for that momentum to go but into the smaller car.
Victims of these accidents find themselves with life-altering injuries, mounting medical expenses, and lost wages. They need skilled injury and work accidents attorneys who specialize in truck accidents to guide them through the process of filing a disability benefits claim. If you or someone you know was injured in a commercial vehicle accident and need help filing for disability benefits, contact a reputable disability benefits lawyer near you to learn about your options.
But these wrecks happen all too often.
The Key Parties That Could Be Held Responsible
Okay, so who’s responsible when a truck wrecks into someone?
Unlike a typical car accident, there are several parties that could be found liable depending on the circumstances. These are the main ones.
The Driver
Drivers are always going to be at fault. But that doesn’t mean they’re solely liable.
Humans make mistakes. Even the most qualified and experienced driver gets distracted from time to time or just makes a bad decision.
Some of the most common forms of negligence on the part of truck drivers include:
- Fatigue — Drowsy driving is a leading cause of all types of vehicle accidents
- Driver distractions — Texting, using GPS, eating, etc.
- Speeding — Many drivers speed to meet unrealistic delivery deadlines
- Driving Under the Influence — Alcohol and drugs also cause serious impairment
Commercial drivers are held to a higher standard than your average driver. There are regulations on the amount of time they can drive in a day without taking a break. But unfortunately, these laws are violated all too often.
The Trucking Company
Next up is the source of some of that negligence: The trucking company that employs the driver.
If a trucking company does NOT enforce hours of service regulations, fails to properly screen and train their drivers or encourage unsafe driving practices in an effort to meet shipping deadlines, they can be held liable for any accidents that happen as a result.
This concept is known in legal circles as “vicarious liability”.
The Vehicle or Parts Manufacturer
Sometimes, neither the driver nor their employer is at fault.
Defective auto parts can cause trucks to malfunction and crash. Things like faulty brakes, worn tires, or even problems with the steering mechanism can put everyone on the road at risk.
When defective parts are determined to be the cause of an accident, the manufacturer of those parts (or vehicle) can be held liable.
The Cargo Loading Company
Did you know that improperly loaded cargo is one of the leading causes of large truck accidents?
Commercial vehicles have to adhere to strict weight regulations. If cargo isn’t loaded properly, or the truck is simply overloaded, it can cause the vehicle to become unstable.
If that cargo then shifts while the truck is moving, it could cause a crash. The party responsible for loading that cargo onto the truck would be liable.
Government Entities
In some cases, poor road conditions or even poorly designed roads can cause commercial vehicles to crash. If this is the case, a government entity that’s responsible for maintaining that road may be liable.
How Liability Gets Determined After a Crash
Alright, now that it’s clear who might be liable. But how do you prove it?
Once again, it all comes down to research and investigation.
The parties mentioned above will ALL have documentation that can help determine fault. Some of the things that will be looked at include:
- Hours of Service logs and electronic logging devices (ELDs) used by commercial drivers
- The truck’s maintenance records
- The truck’s black box data
- Eye witness testimonies and police reports from accident scene
- Cargo loading records
Unfortunately, these kinds of accidents can get messy. Trucking companies have large teams of attorneys and insurance companies always try to fight claims when they can.
That’s why you need someone in your corner that will fight FOR you.
Hiring an attorney that specializes in truck accidents and disability claims can help you receive the compensation you deserve.
Steps To Take After a Commercial Vehicle Accident
Just because you know what to do after an accident involves a commercial vehicle… doesn’t mean you SHOULD do it.
For victims that don’t have experience dealing with these kinds of accidents, it’s easy to make critical mistakes that harm your case.
These are the steps you should be taking after a crash:
- Seek Medical Attention – As with any accident, you should always seek medical attention even if you think you’re “okay”. Some injuries take time to reveal themselves.
- Document Everything – Take pictures of the entire scene. Damage to all vehicles involved, the roadway, any visible injuries you suffered.
- Get Witness Information – If there are any witnesses present that saw what happened, make sure to get their information as well.
- File a Police Report – Make sure the police are filed and you get a copy of the report for your records.
- Don’t Provide a Recorded Statement – Speak with your insurance company but do not provide a recorded statement without your attorney present.
- Contact a Qualified Attorney – The sooner you retain legal counsel, the quicker they can start building your case. This includes preserving evidence.
Time is of the essence when you’ve been involved in any vehicle accident. Evidence gets thrown out, destroyed and trucking companies can have lawyers on-site working for them within hours of a crash.
The Bottom Line
As you can see, commercial vehicle accidents come with additional complexity.
When these massive trucks and equipment hit the road, they don’t just injure one person. They knock down multiple parties who can be held liable if negligence is proven.
Remember this article if you’ve been in a collision with a big rig. You may be able to receive compensation from more than you think!