Semi-Truck Accidents: How to Handle Complex Liability Issues in Trucking Crashes
When a large commercial vehicle, such as a semi-truck, is involved in a crash, the legal and liability issues can be far more complicated than a typical car accident. Understanding how to handle the details is essential to securing fair compensation for the victims.
Trucking accidents involve unique challenges that stem from the nature of the trucking industry itself. From the size and weight of the vehicle to the number of parties involved, semi-truck accidents often require a different approach compared to other types of personal injury cases.
As a personal injury lawyer at Orihuela & Associates, PLLC, I have seen the devastating impact that semi-truck accidents can have on victims. In this article, I will explain how liability is determined in trucking crashes, the parties that can be held responsible, and the steps I take as a personal injury lawyer to help my clients fight for the justice they deserve.
The Parties Involved in Semi-Truck Accidents
When a semi-truck is involved in a collision, it is not always easy to determine who is at fault. There are several potential parties that may be held liable, depending on the circumstances of the accident. Here are the key parties who could be responsible for the crash:
The Truck Driver: The most obvious party to investigate is the truck driver. Driver error, such as fatigue, distracted driving, speeding, or driving under the influence of alcohol or drugs, is a common cause of trucking accidents.
A thorough investigation into the driver’s actions leading up to the crash is crucial in any personal injury case involving a semi-truck.
The Trucking Company: In many cases, the trucking company that employs the driver may also bear some responsibility for the accident. The company could be liable for failing to properly train or supervise its drivers, for not maintaining the truck in good working condition, or for pushing the driver to exceed legal driving hours, contributing to driver fatigue.
Under the principle of vicarious liability, a trucking company can be held responsible for the actions of its drivers if the driver was acting within the scope of their employment at the time of the accident.
The Truck Manufacturer: Sometimes, the accident may have been caused by a mechanical failure or defect in the truck.
If a faulty truck part or defect in the vehicle’s design led to the crash, the manufacturer of the vehicle or its parts could be held liable under product liability laws. This may involve claims related to defective brakes, tires, or engine systems.
Cargo Loaders and Shippers: In some cases, improper loading or securing of cargo can lead to a trucking accident. When cargo is not properly balanced or secured, it can shift during transport, causing the driver to lose control of the vehicle.
In such cases, the party responsible for loading or securing the cargo may be liable for the accident.
Other Road Users: Other drivers on the road may also share some of the liability in a trucking crash.
If another driver causes the accident by making a sudden lane change, failing to yield, or driving recklessly, they may be partially at fault. However, trucking accident cases often involve multiple parties, and it is not always immediately clear who bears the most responsibility.
Proving Liability in a Semi-Truck Accident
Determining who is liable in a semi-truck accident often requires a detailed investigation. As a personal injury lawyer, I take several steps to gather evidence and build a strong case for my clients. Here are the key factors that need to be investigated:
Driver’s Log and Hours of Service Records
Under federal law, truck drivers are required to maintain detailed logs of their driving hours to prevent fatigue. If the driver was operating the vehicle beyond the allowable driving hours, this could be a major factor in the crash.
These records can provide vital information about whether the driver was fatigued or operating in violation of regulations.
Black Box Data
Many semi-trucks are equipped with event data recorders, often referred to as the truck’s “black box.”
These devices record critical information about the truck’s speed, braking, and acceleration at the time of the accident. This data can be crucial in determining whether the truck driver was speeding, braking abruptly, or engaging in other unsafe driving practices.
Witness Statements
Eyewitness accounts from other drivers or pedestrians who saw the accident can provide additional insight into what happened. These statements can help establish the actions of the truck driver, other vehicles involved, or even the road conditions at the time of the accident.
Maintenance Records
A trucking company is legally required to maintain its fleet of vehicles to a certain standard.
If the truck involved in the accident was poorly maintained or had a history of mechanical issues, this could point to negligence on the part of the trucking company. Maintenance records will show whether the truck was up-to-date on necessary inspections and repairs.
Truck Inspection Reports:
In addition to maintenance records, inspection reports from the time leading up to the crash can provide evidence of whether the truck was in proper working order.
For example, if the accident was caused by faulty brakes, the inspection report can determine whether the brakes had been checked or repaired recently.
Cargo Load Records:
If the crash was caused by improperly loaded cargo, the responsible party could be held liable.
These records can provide information about how the cargo was loaded and whether it was secured properly. Improperly loaded trucks can shift their load, causing a driver to lose control of the vehicle, particularly during high-speed maneuvers or sudden stops.
Handling Multiple Liable Parties
One of the most challenging aspects of semi-truck accidents is dealing with multiple liable parties. In many cases, several parties share fault for the crash, and each may try to shift blame onto the others.
For example, a trucking company may blame the driver for an accident, while the driver may argue that the company failed to provide proper training or maintenance. A manufacturer may claim that a defect in the truck contributed to the crash, while the driver could argue that they were simply driving too fast in adverse conditions.
As a personal injury lawyer, my goal is to identify all potentially liable parties and hold them accountable for their actions. In these cases, it is crucial to carefully examine all available evidence and establish the full scope of the negligence or wrongdoing that contributed to the crash.
This may involve working with accident reconstruction specialists, consulting with trucking industry professionals, and conducting a thorough review of records from the trucking company and the driver.
Compensation for Victims of Semi-Truck Accidents
Victims of semi-truck accidents often suffer severe injuries, including broken bones, spinal cord injuries, traumatic brain injuries, and even death.
These injuries can result in significant medical bills, lost wages, and a long road to recovery. In Texas, victims of trucking accidents may be entitled to compensation for several types of damages, including:
Medical expenses: Victims may be entitled to compensation for past and future medical expenses related to the injury. This can include hospital bills, rehabilitation costs, surgery fees, and prescription medications.
Lost wages: If the victim is unable to work due to their injuries, they may be entitled to compensation for lost wages. This can include both current wages and any future earnings they may lose as a result of their injury.
Pain and suffering: Victims can also seek compensation for the physical and emotional pain they have endured as a result of the accident. This can be one of the most significant components of a personal injury claim, particularly for those who suffer long-term pain or permanent disabilities.
Property damage: In cases where the victim’s vehicle was damaged in the accident, compensation for repair or replacement costs may be awarded.
Wrongful death: In the tragic event that a victim dies from a trucking accident, surviving family members may be able to file a wrongful death claim to seek compensation for their loss.
The First Steps
As a personal injury lawyer at Orihuela & Associates, PLLC, I know how critical it is to investigate all possible parties that could be held responsible for the crash. I’m proud to serve Webster, Texas, and the surrounding areas of Houston, Clear Lake, Friendswood, League City, Alvin, Dickinson, Bacliff, Kemah, Seabrook, and Santa Fe. Call today.