Commercial truck accidents: who is responsible?

Most people (including inexperienced lawyers) think of an accident involving a commercial truck as just a big car wreck. For example, a truck driver runs a red light and causes a wreck. It is easy to just conclude it is the trucker’s fault and move on. To the average person or inexperienced attorney, the claim is simple — it is the truck driver’s fault. But to the experienced trucking attorney, there are many other possible causes for the trucker running the red light, and as a result, there could be several potential entities to make a claim against. Here are the possible responsible parties:

1. The truck driver

Many times, the actions by the truck driver are the primary cause of the wreck. Truck drivers are notorious for driving while distracted, driving while impaired, driving too fast, following too closely, being inexperienced or driving while fatigued. They fail to fully appreciate the hazards and dangers they may encounter on the road given the fact that they are operating a 30-ton vehicle that takes a trained professional to operate. Commercial vehicles take longer to stop, they are harder to steer, they are harder to see around them, and they are more dangerous in bad weather. There are certain state and federal safety rules and regulations that govern a truck driver’s conduct. Most truckers are not properly trained on the safety rules, and they simply do not have the necessary experience to operate a commercial motor vehicle safely. But, as discussed below, the truck driver’s actions are not the only inquiry as to the cause of the wreck. An experienced truck wreck lawyer will know to look deeper.

2. The trucking company

The trucking company will most likely be responsible for the negligent actions of their driver/employee assuming the accident occurred while the driver was acting in the course and scope of his employment. If so, the law will impute the driver’s negligence to the company on a theory known as “respondeat superior”—meaning the trucking company must answer for their employee’s negligence.

The second way in which a trucking company may be legally responsible for causing the accident is by being negligent on their own. Once the truck driver’s actions have been analyzed, an experienced truck accident lawyer will investigate the trucking company’s operations to see if there are any underlying issues that led to the trucker’s negligent actions. This is called a “root cause” analysis. While the trucker may have run the red light, he may have run the red light because he was tired/fatigued from having to drive too many hours. Consequently, the “root cause” of the truck driver running the red light may fall directly on his company for allowing/requiring him to drive over the prescribed hours. Other examples of company negligence arise from the truck driver having not been properly trained, or the driver not being a “qualified” driver under the state and federal regulations and yet the trucking company allowing the driver to operate their truck. Maybe the truck had been improperly maintained and had faulty brakes. In circumstance like these, the trucking company can be found to have been negligent, and therefore directly responsible for causing the injuries and damages.

3. The maintenance/repair company

Sometimes the trucking company will have a third-party maintenance company service their trucks and make sure they are in good repair. Things like tires, brakes, steering, hydraulics, lights, etc., if faulty or broken, will be a contributing factor in causing a collision. For example, the front tires on a truck (called the “tractor”) are the steer tires. These are the only tires that dictate the direction of the truck and trailer. If the tires are in poor condition or the tread is worn below a certain standard, they can cause the truck to lose control and crash. In that instance, the maintenance company may be responsible for failing to properly inspect the tires or for allowing the truck to be driven with unsafe tires. A careful inspection following the wreck is vitally important to determine if one of the causes was due to faulty equipment and/or a lack of proper maintenance.

4. The shipper/cargo loader

There are multiple entities involved in transporting via commercial trucks. One possible entity is the shipper, the company who oversees the products being transported from one point to another. Shippers are typically responsible for checking the licensing and safety record for the trucking company that is going to be transporting their products. If they hire a company or driver who has an unsafe record, then the shipper may be held liable in the event of an accident.

The shipper or cargo loader may also be responsible. The weight of the cargo the truck is pulling can be extraordinary. If the tailer is over-loaded beyond its weight capacity, the truck driver will have difficulty stopping in time. If the cargo is not properly distributed on the trailer, it can cause the truck and trailer to be unstable and dangerous to drive. If the cargo is not properly secured on the trailer, it can shift and cause the truck to rollover or be dangerous to drive. Again, immediate investigation regarding what cargo was being transported, how much it weighed, and how was it secured and loaded on the trailer is critically important in making a root cause determination as to how the accident occurred.

5. The truck and component parts manufacturers

In some instances, critical parts of the truck or trailer fail and cause the truck to lose control or operate unsafely. Defective steering, defective brakes, defective tires, defective electrical systems, etc. can all lead to causing a catastrophic wreck. A careful post-accident inspection can reveal claims against the manufacturers of the defective parts.

Speak with a Texas truck accident attorney

If you or a loved one have been injured due to a commercial truck accident, you should immediately seek legal advice from an experienced law firm like Slack Davis Sanger. We will investigate the accident and determine who is responsible for causing your injuries, and we will fight tirelessly for your rights and the compensation you deserve. Backed by hundreds of years of collective experience in the legal field, our tenacious team has what it takes to go up against even the largest institutions and corporations. Call (512) 795-8686 or complete our Contact Form to schedule a free initial consultation with a truck accident lawyer in Texas.