Semi-truck accidents can result in devastating injuries and significant financial burdens due to their sheer size and weight. When such an accident occurs, determining liability is critical to ensure victims receive fair compensation. While the truck driver is often the first person considered, trucking companies play a significant role in accident liability. At LifeLaw Personal Injury, your trusted Salt Lake City car accident law firm, we are here to break down the responsibilities and help you understand who might be held accountable.
Why Trucking Companies Share Liability
Trucking companies are not just employers; they are legally responsible for overseeing their drivers and maintaining their fleets. Under federal and state regulations, including the Federal Motor Carrier Safety Administration (FMCSA) rules, trucking companies must ensure compliance with safety standards. If they fail in these duties, they can be held liable for accidents. Here’s how:
Negligent Hiring or Training
Trucking companies are required to thoroughly vet drivers, checking for valid commercial driver’s licenses (CDL), clean driving records, and adequate training. Hiring an unqualified or inexperienced driver, or failing to provide them with proper training, can lead to serious accidents. For example, if a company was to hire a driver with a history of speeding tickets or substance abuse, they could be liable if that driver causes a crash.
Poor Maintenance or Vehicles
Regular maintenance is a legal obligation for trucking companies. Brake failures, tire blowouts, or faulty lighting due to neglected upkeep can contribute to accidents. If an inspection report or maintenance log shows negligence, the company may be held responsible for damages.
Pressure to Meet Deadlines
Many trucking companies push drivers to meet tight delivery schedules, which can lead to fatigue and in some cases speeding. If a company’s policies encourage or ignore violations of hours of service regulations (driving beyond the 11 hour daily limit), they can share liability for resulting accidents.
Inadequate Supervision
Companies must monitor behavior, including drug and alcohol testing and compliance with traffic laws. Failing to enforce safety protocols or overlooking reckless driving can make them liable when an accident occurs.
Who Else Might Be Responsible?
While a trucking company can be found at fault for a car accident, the liability may not always be singular and in some cases other parties may share responsibility. These other parties can include:
The Truck Driver: If the driver was distracted, intoxicated, violated traffic laws, or was the primary cause of the accident then they may be held primarily liable for the car accident.
Third Parties: An accident can sometimes fall upon a third party, and these third parties can be a variety of people. From a manufacturer who may have installed a faulty truck part, a cargo loader who did not properly secure the cargo the driver was towing, or even a governmental entity if the accident was caused by poorly maintained roads.
Any of these factors may contribute to a potential trucking accident, and they may be held partially or fully responsible for the accident.
Proving Trucking Company Liability
If you happen to be involved in a trucking accident establishing fault can be particularly difficult, especially if the trucking company is liable. These key steps can be instrumental in establishing a trucking company’s role in an accident:
- Obtain the driver’s logbooks and employment records: This can prove that a driver may have been driving over the legal amount of time they can drive, or that the trucking company did not follow the necessary steps when hiring their driver.
- Review Maintenance Logs and Vehicle Inspection Reports: These logs can illustrate that a truck has not received proper care, or that it has not been inspected in its proper time frame, meaning the trucking company may be responsible for the accident.
- Gathering Witness Statements or Dashcam Footage: A witness statement can help to establish exactly what happened at the scene. A dash cam can accomplish the same thing without any possible bias. These two combined can help create a clear picture of what happened and who is responsible for the semi truck accident.
- Consult With an Accident Reconstruction Expert: An accident reconstruction expert can craft an exact copy of what happened at an accident down to the smallest detail. These experts can find exactly what caused an accident and can be instrumental in proving fault.
As Utah semi truck accident lawyers, our experienced team knows how to investigate these cases thoroughly in order to hold all liable parties accountable.
What To Do After a Semi Truck Accident
If you have been involved in a semi truck crash, remember to take these actions immediately:
- Seek medical attention immediately: Even if you do not feel injured seek medical attention as soon as possible. Some injuries can be masked by adrenaline, and a prompt medical evaluation can start your road to recovery quickly.
- Document the Scene: If it is safe to do so, take as many photos and videos of the crash as possible. These photos can add needed details to your case, and can be helpful in establishing how serious your accident was.
- Avoid Speaking to Insurance Adjusters Without Legal Advice: Insurance adjusters may try to get your statements before you have hired a Utah semi truck lawyer. Adjusters may try to get your statement early on in the hopes that you do not know about the situation you are in, and may use your statement to devalue your case.
- Call the Best Utah Semi Truck Accident Lawyers: Give LifeLaw a call to discuss your case completely free of charge.
How LifeLaw Can Help
Facing a trucking company in court can be intimidating. A trucking company can have vast resources and legal teams, which can be used to make you feel like your case can not be won.
Our Utah semi truck lawyers are here to help. Our team of lawyers will work tirelessly to ensure that your case is as strong as possible and will personally fight for your rights against a trucking company. We will work to ensure that you get the compensation you deserve for your medical bills, lost wages, and pain and suffering.
If you or a loved one has been injured in an accident give us a call today at 801-206-4002. We are your Utah injury lawyers and are here to help you through your case, every step of the way.