Trucking accident claims are by far some of the most intricate personal injury claims that exist.
Need proof? Think about it – In a typical car crash, you’re looking at the actions of one or two drivers when determining fault. Truck accidents can involve dozens of negligent parties.
It doesn’t stop there either…
Drivers and victims alike usually think the truck driver is liable. And while they could be… Most of the time multiple parties are at fault for a truck crash. That means handling semi-truck claims is a totally different ballgame.
Until you can identify who’s liable, you may be leaving compensation on the table.
It’s important to understand how liability works in multi-party truck accidents. Below is an outline of who can be held liable and what you need to know about dividing fault.
What you’ll learn:
- Why Multi-Party Liability Is Common in Truck Accidents
- Who Can Be Held Liable?
- How Fault is Divided
- How to Build a Solid Semi-Truck Claim
Why Multi-Party Liability Occurs in Trucking Accidents
If more than one person or business is responsible for an accident, that’s called multi-party liability.
There’s multi-party liability in semi-truck accidents more times than people realise.
Ask yourself:
Were there only two possible parties at fault for a truck accident? Of course not. A trucking accident could involve:
- The driver
- Trucking company
- Cargo loaders
- Parts manufacturer
- Third-party maintenance provider
Keep in mind any one of these could have been negligent which led to the crash.
According to recent data, there were over 5,472 fatalities in large truck crashes in 2023. In fact, the National Safety Council shows fatal crashes involving large trucks have increased 43% in the last 10 years on our nation’s roadways. When you take into account crashes that don’t result in fatalities, the number of negligent parties grows exponentially.
That’s why it’s vital to work with a qualified truck accident lawyer after a semi-truck collision. Identifying every party liable for the crash early on can greatly influence the case.
Here’s why…
Each liable party has their own insurance policy. That means more parties means more insurance companies that could pay out for damages.
Those damages include things like…
- Medical bills
- Lost wages
- Pain and suffering
…and anything else suffered as a result of the crash. Omit one responsible party and significant compensation could be left on the table.
Who Can Be Held Liable?
Okay, now it gets interesting. As you can imagine, there are many more parties that can be held liable in a trucking accident when compared to a car wreck.
Let’s dive in…
Truck Driver
First and foremost, there’s the truck driver themselves. Drivers cause truck accidents all the time because of negligence. Some examples of driver negligence include:
- Driving while tired
- Speeding or driving recklessly
- Violating hours of service laws
- Driving distracted
As you can imagine, if the truck driver was breaking trucking laws at the time of the crash, they will be held liable. But there’s always more to the story.
Trucking Company
Secondly, the truck driver’s employer can be held liable. This falls under something known as vicarious liability. Meaning, if the driver was working when the accident occurred, their employer is liable too.
But that’s not all…
A trucking company can be held directly liable for the accident if:
- Their driver wasn’t properly trained
- They pushed their drivers to drive unsafely in order to meet deadlines
- They failed to adhere to truck maintenance standards
- They negligently hired the driver
Want another reason why trucking companies are often liable? They try to pay their drivers by the mile.
Driving unsafely encourages higher mileage which equals more profit. It’s a recipe for disaster.
Cargo Loaders
Are you struggling to understand how cargo loaders can be held liable? You’re not alone. But improper loading is a major cause of truck accidents. If cargo isn’t loaded correctly, it can shift during transport. That sets up the perfect scenario for a rollover accident or loss of control.
If whoever loaded the truck was negligent and caused the accident, they could be held liable.
Parts Manufacturer
Believe it or not, some truck accidents are caused by mechanical failures. Brakes give out, tires fail and steering mechanisms can stop working.
If a parts defect was the underlying cause of the crash, the part’s manufacturer could be held liable.
Product liability claims can get tricky, but they aren’t uncommon.
Third-Party Maintenance Providers
Some trucking companies will outsource vehicle maintenance to third-parties. If a maintenance provider was supposed to inspect or fix an issue with the truck and didn’t… They could be held liable as well.
How Is Fault Divided Between Responsible Parties?
Great question. What happens when multiple parties are at fault? The answer depends on which state the accident was in.
For the majority of states, comparative negligence rules. Each party involved in the crash will be assigned a percentage of fault. Those percentages determine how much each party is liable for.
Here’s an example:
- Truck driver is 40% at fault for driving while drowsy
- Trucking company is 35% at fault for knowing the driver was sleep deprived
- Cargo loaders 25% for improper loading
If the total damages equal $100,000…the driver would pay $40,000, the company $35,000 and cargo loaders $25,000.
Understanding how comparative negligence works is crucial. Insurance companies for each liable party will pull out every trick in the book to shift blame. They will deny liability, drag their feet on negotiations and low-ball any offers. Handling multiple insurers can be a nightmare for someone not familiar with the process.
How to Build Your Semi-Truck Collision Claim
Like any accident claim, solid evidence is needed to build a semi-truck collision case. The more evidence available, the more liable parties can be held accountable.
Some evidence includes:
- Police reports and documentation from the scene
- Electronic logging device found in trucks
- Driver records (training records, hours of service, etc.)
- Vehicle maintenance records
- Any witness statements and video footage
Time is of the essence. Trucking companies will send investigators to the scene almost immediately after a crash occurs. They will start building their case long before you or your loved one leave the hospital.
You can’t recover any evidence you don’t know about.
This further highlights why identifying every possible liable party is so important. More liable parties equals more insurance companies paying out for damages.
Wrapping Up
How liability is determined in multi-party truck accidents can get complicated. But now that you have a better understanding of how it works, you’re prepared to take on any semi-truck claim. Here’s a recap:
- Semi-truck accidents usually involve multiple liable parties
- Drivers, trucking companies, cargo loaders, parts manufacturers and third-party maintenance companies can all be liable
- Multiple party liability is determined by a rule called comparative negligence
- Every liable party has their own insurance policy
- Every trucking accident case is built or destroyed by the evidence provided
Hopefully you better understand how liability works in truck accident claims. As you can see, don’t simply assume the truck driver was liable.
Finding every party at fault is how to recover maximum compensation and get the result the claim deserves.
