Who is liable in a commercial truck accident? The truck driver, a trucking company, the owner of a truck or trailer, cargo loading companies, truck maintenance and repair companies, truck or parts manufacturers, government entities responsible for road conditions, or other drivers may be liable.
Because the number of possible liable parties complicates liability in commercial truck accidents, consider consulting our Everett truck accident lawyer about your case.
Commercial Truck Driver Liability
Commercial truck drivers may be liable for accidents if their negligence causes or contributes to an accident. Examples of situations in which a truck driver’s negligence may cause an accident include those in which the driver was:
- Speeding
- Distracted
- Driving under the influence
- Overtired, possibly due to hours of service violations
In practice, a commercial truck driver is often not solely liable for any accidents involving their rig because they are likely acting within the scope of their employment. However, they may share liability with other parties.
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The Trucking Company And Accident Liability
A trucking company is often one of the parties that is liable in a commercial truck accident. The principle of vicarious liability (RCW 18.86.090), even when employee negligence causes an accident, may apply. Evidence of employer liability may include:
- Drivers were improperly trained
- The employer encouraged unsafe practices
- The company ignored previous safety violations
- Drivers were pressured to breach hours of service rules
- A trucking company failed to maintain its vehicles properly
However, the primary principle of vicarious liability is that when an employee is acting within the scope of their duties, their employer may be legally responsible for any accident they cause. This principle explains why companies are often held liable for employee errors.
The Owner of a Truck or Trailer
It’s possible that a truck or trailer doesn’t belong to either the trucking company or its driver. For example, a truck or its trailer may have been leased or hired.
The vehicle’s owner may be liable if the accident occurred because they failed to keep the vehicle in a reasonably safe condition. Examples of failures that may point to poor maintenance include:
- Brake failure
- Tire blowouts
- Steering failure
- Suspension problems
The owner of a commercial truck must conduct regular inspections and undertake maintenance. If they failed in this duty, and their failure caused the crash, the owner of a truck may be among those who are liable in a commercial truck accident. Inspection reports and maintenance records may support a claim that a truck owner was negligent.
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Cargo Loading Companies
An improperly loaded cargo may cause or contribute to an accident. Issues such as overloading, inadequately secured cargo, or poorly balanced loads can increase the risk of jackknifing, rollovers, or falling objects.
If a cargo shifts while in transit, it can affect a truck’s braking, steering, and stability. Apart from examining accident scene findings, accident investigators may review shipping manifests, loading procedures, and load weights.
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Truck Maintenance and Repair Companies
When it’s time to maintain or repair a truck, a trucking company may outsource the task to a third-party provider. If the maintenance and repair company is negligent in its work, for example, it installs parts incorrectly, uses faulty replacement parts, or fails to notice obvious signs of dangerous wear and tear, it may share liability for an accident.
Lawyers may consult expert witnesses during investigations. They will not only consider the mechanical failure itself but also examine additional evidence such as repair histories and inspection reports.
Truck or Component Manufacturers
Product liability may also be a factor in commercial truck accidents. Although it is comparatively rare, a manufacturer may have produced or installed defective components. Defects may be design-related or may occur during manufacturing. Occasionally, the principle of failure to warn may apply.
Brake or steering failure is an example of a component failure that may cause catastrophic accidents. To determine whether a manufacturing defect caused a failure, an extensive investigation must be conducted.
Government Entities Responsible For Road Conditions
Government entities may share liability for commercial truck accidents. If factors like poorly maintained roads, inadequate warning signs, or dangerous construction zones contributed to an accident, the relevant agency could be held liable.
This type of claim follows a different procedure with tighter deadlines and strict filing requirements. However, an experienced Everett personal injury lawyer may undertake the necessary procedure if there is strong evidence indicating liability.
Other Drivers May Be Liable in a Commercial Truck Accident
In commercial truck accidents, the drivers of other vehicles may have caused the accident or be partly to blame. For example, the drivers of cars may cause or contribute to a commercial truck accident if they:
- Cut off a large truck when even a vigilant driver cannot react quickly enough
- Brake suddenly in front of a large truck with a longer stopping distance
- Are distracted and undertake a dangerous maneuver in a truck’s path
Although the truck will likely cause the most damage to other vehicles, liability investigations examine not only what happened but also why it occurred. For example, if a truck rear-ends a vehicle that cuts in front of it, it may seem as if the truck driver is to blame, even though they could not have slowed in time or were only partly at fault.
What Happens When You Are Partly Liable in a Commercial Truck Accident
Washington applies a pure comparative fault approach as specified in Wash. Rev. Code § 4.22.005; recovery is never completely barred, even if you were mostly at fault in an accident. However, you can only claim the percentage of your damages caused by other parties.
The first step towards claiming damages is to know who is liable in a commercial truck accident. With so many possibilities to sift through and the many different types of evidence to consider, you may benefit from an experienced lawyer when claiming compensation under Washington’s comparative negligence laws.
At Murphy Trial Law, we have a deep understanding of trucking laws and are known for our attention to client service. We know that dealing with a commercial truck accident case may mean working with people who have suffered terrible losses.
Expect respect, empathy, and professionalism when you consult us about your commercial truck accident.
Call or text (425) 835-2614 or complete a Free Case Evaluation form