Who Can Be Liable for a Truck Accident?

Trucking companies, drivers, truck manufacturers, and municipalities are among the parties who can be liable for a truck accident. In most cases, though, insurance companies are the ones who pay the cost of truck-related collisions.

Identifying liable parties is just the (critical) start to any truck accident claim or lawsuit. Securing fair compensation is considerably more difficult—and far more important—than recognizing who is liable. Allow a Mesa truck accident attorney to identify liable parties and lead the fight for the settlement or verdict you deserve.

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Is the Trucking Company Liable for My Truck Accident?

A trucking company may be liable for the cost of your truck accident. These companies are typically financially responsible for an accident when:

The Trucking Company’s Employee Causes the Collision

Trucking companies are typically liable for their employees’ actions, including their negligence. Truck drivers are the employees most likely to be responsible for an accident and may cause an accident by:

• Driving beyond their hours of service limits or breaking other Federal Motor Carrier Safety Administration (FMCSA) regulations
• Speeding
• Tailgating and engaging in other types of risky driving
• Failing to adjust driving habits in dangerous weather or chaotic road conditions
• Pulling into oncoming traffic without necessary clearance
• Changing lanes without checking blindspots (or without safe clearance to merge)

Truck drivers are also responsible for inspecting their trucks and cargo, leaving the road if their vehicle is unsafe, and refraining from driving if they are unfit.

Fleet managers, inspectors, maintenance crews, and other trucking company employees may also contribute to an accident. When they do, the trucking company is likely liable for the collision.

The Trucking Company Engaged in Negligence (Beyond a Truck Driver Causing an Accident)

Trucking companies’ higher-ups may engage in negligence that leads directly or indirectly to collisions. Some higher-level forms of trucking company negligence are:

• Hiring drivers or other employees who are not qualified or fit
• Failing to monitor and test drivers for substance abuse (or overlooking instances where employees are caught misusing substances)
• Failing to purchase and use the latest safety-specific equipment 
• Encouraging employees to violate best safety practices, laws, or industry regulations (or merely failing to discipline drivers who do)
• Failing to repair and replace trucks and trailers that are not roadworthy

If a trucking company was negligent in any way related to your accident, that company may be liable for your damages.

The Trucking Company Lacks Adequate Insurance

You may have the right to sue a trucking company, even if the company has insurance. If the company lacks adequate insurance, you almost certainly have a right to sue.

Insurance is a key feature of trucking industry regulations. For this reason (and others), any trucking company involved in your accident likely has insurance. However, there are many reasons why you might sue a trucking company. Hire an experienced attorney who can advise you whether to sue and handle any necessary lawsuit.

If Not the Trucking Company, Who Is Going to Pay for My Injuries?

Trucking companies and their employees are often liable for the cost of accidents—but not always. Some parties who may also pay for a truck accident victim’s damages are:

Insurance Companies

The majority of truck accident victims receive compensation through insurance companies. This is the case because:

• The vast majority of trucking companies (and those involved in the transportation sector) have valid insurance—they’re legally required to and monitored more closely than the average driver.
• Trucking companies’ insurance policies often have high coverage limits, as truck accidents are known to be costly.
• Insurance claims are usually the most efficient way for an accident victim to obtain compensation, so it is a preferred strategy for many.

You may seek compensation from a trucking company’s insurance provider, your own insurance provider, or other parties’ insurance providers. Your truck accident attorney lawyer will lead the claims process for you.

Cargo Loaders (or Their Employers)

When a truck accident happens because of unsecured, unevenly distributed, or otherwise dangerous cargo, the person or company responsible for that cargo may be liable. 

Cargo loading companies generally have insurance, but you may also be eligible to sue such a company if they caused you harm.

Vehicle (or Vehicle Component) Manufacturers

Defects are always a potential cause of truck accidents because:

• Trucks are immensely complex vehicles with many components (the more components, the more that may be defective)
• Trucks take a ton of wear and tear, and poorly assembled or designed components may malfunction under such wear and tear

Some defects occur because vehicle and trailer owners fail to maintain the equipment. In that case, the owner, operator, or both may be liable for your damages.

The Municipality in Which the Truck Accident Happened

If hazardous road conditions caused your truck accident, your lawyer will look at the municipality in which the accident occurred. That municipality may be liable for any downed signage, malfunctioning traffic lights, flawed driving surfaces, or other hazards that contributed to the collision.

How Truck Accident Lawyers Obtain Fair Settlement and Verdicts for Their Clients

Your attorney will build a case plan around you. Each plan involves different strategies, evidence, and documentation. That said, most truck accident attorneys take a specific path to settlement negotiations or trial, and that path includes:

Proving Who Caused the Truck Collision

In most states, the person who is at fault for an accident—or their insurance provider—must cover the cost of others’ losses. It will be critically important for your lawyer to show who caused the accident, and they may do so using:

• Witness testimony that aligns with your account of the accident
• Video footage (which may come from traffic cameras and other sources)
• An expert’s reconstruction of the collision
• Your account of the accident
• Photos of the accident scene

Obtaining evidence from a liable trucking company is one of the greatest challenges in truck accident cases. Your attorney will file a letter of spoliation (if necessary) to secure evidence from the trucking company.

Determining Who Is Liable for Damages 

Your attorney will need to demand compensation on your behalf, which requires them to identify liable parties. As discussed, many parties, from insurance providers to trucking companies and cargo loaders, can be liable for your damages. 

Your lawyer will most likely start by seeking compensation from one or more insurance providers.

Obtaining Medical Records and Other Documentation of Damages

It’s common for insurers and liable parties to claim that:

• The victim did not suffer certain injuries during the accident
• The victim is exaggerating their injuries or symptoms
• The claimant is seeking more compensation than they deserve
• The claimant does not need certain medical care
• The victim is claiming they are disabled when they are not

Securing convincing documentation of your damages will render these claims moot. Your attorney will secure all medical records, mental health service records, income statements, and bills that prove the nature of your damages. 

Demanding a Fair Settlement from Insurers

Your attorney will present their settlement calculations to any liable insurance companies. These companies may:

• Accept your lawyer’s calculations and offer you a fair settlement (if they have not already offered a fair settlement)
• Dispute your lawyer’s calculations and refuse to pay the money your attorney demands

It’s not typical for insurance providers to pay claimants without trying to minimize the payout. Your attorney will be ready to negotiate if insurers don’t accept their demands.

Filing a Lawsuit Against a Trucking Company or Other Liable Parties

If the circumstances of your case lead you to sue, your attorney will waste no time in filing the case. Arizona and most other states require truck accident victims to file lawsuits within a certain amount of time, and so your attorney will submit your suit as soon as possible.

Taking the Case to Trial, When Necessary

Many truck accident lawyers secure settlements after filing lawsuits (and before a trial starts). However, lawyers also secure a significant number of verdicts by taking cases to trial. 

You and your attorney will have a continuous dialogue throughout your case. If settlement negotiations do not lead to a fair offer, you and your attorney may decide that a trial makes sense. 

Large Truck Often Cause Large Damages (Such as These)

For most truck accident victims, being hit by such a large, heavy vehicle is an unfamiliar—and traumatizing—experience. Attorneys may not be truck accident victims, but they may be more familiar with the scale of truck accident victims’ damages. This is the value of experience.

Some of the damages that attorneys often include in truck accident claims and lawsuits are:

Healthcare Expenses

Your lawyer will value the cost of any care you need post-collision, as survivors often need:

• Ambulance transport
• Emergency services
• One or more nights in a medical facility
• Medications
• Rehabilitation

Every truck accident survivor has different medical needs, so let a lawyer monitor your recovery and value your healthcare expenses.

Pain and Suffering 

Pain and suffering is one of the most common damages among truck accident survivors. This can include many types of harm, including physical pain, emotional anguish, psychological distress, and scarring and disfigurement.

Mental Healthcare Expenses 

If you choose to seek any treatment for PTSD, anxiety, depression, sleep problems, or other symptoms of your accident, your attorney will seek compensation for your treatment costs.

Property Damage

Your lawyer will account for the cost of damage to your:

• Motor vehicle
• Clothing
• Accessories
• Personal electronics
• Items inside your vehicle

Your truck accident lawyer will also include temporary transportation expenses in their settlement demands.

Lost Income

Your legal team will value the cost of lost income and any other immediate and long-term professional harm resulting from the truck accident.

Hire Your Truck Accident Attorney as Soon as Possible—Urgency Is Necessary

A liable trucking company may have evidence that can be pivotal to your case. Allow your lawyer to secure that evidence and file your case as soon as possible.

Find and hire your dedicated Mesa personal injury attorney today.

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