Can You Sue a Truck Driver After an Accident?

Determining Liability in a Truck Accident

In legal terms, liability means the legal responsibility to compensate someone for losses caused by your actions, or actions of others under your responsibility. The conduct required for liability varies by state law.

Establishing liability involves determining who was responsible for the accident. While it may seem straightforward to assume that the truck driver is at fault, a comprehensive examination of the information and evidence collected by your truck accident attorney may reveal that other parties are also accountable for your injuries, individually or jointly. Here are the primary parties that might be considered liable:

Truck Drivers

All commercial motor vehicle drivers must hold a commercial driver’s license and adhere to state laws, including prohibiting texting while driving and speeding. In addition to these regulations, truck drivers must also comply with the guidelines set by the Federal Motor Carrier Safety Administration (FMCSA).

While most truckers take their driving hazards seriously, some may exhibit negligence and risky driving behaviors. If a semi-truck driver is found to be engaging in any of these dangerous behaviors, he or she is likely to be held liable following a crash: Texting while driving, driving under the influence, distracted driving, aggressive or reckless driving, including unsafe lane changing, tailgating, and other dangerous maneuvers, driving while fatigued or falling asleep behind the wheel, or speeding.

Truck Companies

Trucking companies are responsible for the trucks and drivers they utilize, and they should have systems in place to promote safety. However, some companies may not prioritize safety or the well-being of their drivers.

If a trucking company violates laws meant to protect drivers and others on the road, such as pressuring drivers to exceed FMCSA hours of service limits to increase profits, they could be held accountable for damages resulting from a truck accident. Trucking company negligence can take various forms, including hiring unqualified drivers, deploying drivers with driving or FMCSA regulations infractions on their records, inadequately training drivers, failing to properly inspect and maintain trucks, encouraging dangerous behaviors such as the use of stimulants or speeding to meet tight schedules, and allowing drivers to operate trucks without proper licenses.

According to FMCSA regulations, all truck drivers, including independent contractors, are considered trucking company employees. Therefore, in addition to individual negligence, a trucking company can also be held vicariously liable for the actions of its truck drivers. Your lawyer can advise you on how to sue a trucking company for negligence.

Truck Owners

In some cases, trucking companies lease trucks from a third party to carry out their operations. In such instances, if the truck’s owner is negligent and his or her actions lead to an accident, he or she can also be held responsible. The owner must regularly inspect and maintain the truck, which includes ensuring the proper functioning of the engine, replacing worn-out tires, and carrying out other tasks to uphold the vehicle’s safety. Failure to fulfill this responsibility could result in liability for the owner following a truck accident.

In a truck accident, the blame may not solely rest on the truck driver. Other parties could be at fault, such as:

• If a third-party driver engages in risky behavior, such as an illegal turn, and causes a truck accident, he or she could be held responsible for any resulting damages.
• Companies responsible for loading and shipping cargo may be held accountable if improperly loaded or unsecured cargo leads to a truck accident.
• Truck and parts manufacturers may be held responsible if a faulty part or design, such as brake failures, tire blowouts, or issues with the coupling system, results in a crash.

Evidence Used in Determining Liability

In a truck accident, evidence such as dispatch records, GPS tracking, eyewitness accounts, and black box data play a crucial role in proving negligence. Dispatch records show the driver’s route and work details, while black box data reveals driving habits and speed. GPS tracking can provide information before and after a collision. Eyewitness accounts and medical evidence are valuable in establishing liability and documenting injuries.

When Can You Sue a Truck Driver After an Accident?

Demonstrating fault is necessary to file a lawsuit against a truck driver following an accident. The courts and insurance companies determine fault by reviewing evidence and reports to determine whether the criteria for negligence are satisfied.

The Elements of Negligence

The concept of negligence consists of four elements. Your truck accident lawyer will assess each part to demonstrate that the truck driver acted negligently.

Duty of Care

Truck accident cases start with the idea of duty of care. This refers to the responsibility of all drivers to prioritize the safety of others on the road. It is typically straightforward to prove in such cases, as all truck drivers must care for others while driving.

Breach of Duty

The next step is to establish that the truck driver at fault for the accident failed to uphold his or her duty of care. There are various ways in which a driver can violate their duty of care on the road, such as speeding, distracted driving, drunk driving, and failure to yield the right of way. FMCSA regulations are in place in truck accidents to prevent driver fatigue. If a truck driver has disregarded these regulations, it becomes more straightforward to demonstrate that they were driving violating the regulations and thus breached the duty of care.

Causation

It’s insufficient to demonstrate that the truck driver didn’t fulfil his or her duty of care. You must also establish a clear connection between their actions and the accident. For example, driving for long periods might not be enough to justify legal action. However, a necessary link would be established if driving for extended periods led to driver fatigue, resulting in the accident.

Damages

In a negligence lawsuit, damages are the final component. After establishing the first three elements, it is necessary to show how the incident resulted in harm. Statistics on accidents involving large trucks continue to demonstrate their potential danger. Nearly 300,000 motor vehicle crashes occur annually in Illinois alone. According to the Illinois Department of Transportation, 295,604 motor vehicle crashes were recorded in 2021. Of these collisions, 12,040 involved tractor-trailers and 9,261 involved single-unit trucks, such as delivery trucks.

Damages typically encompass the following:

• Missed earnings
• Damage to property
• Healthcare expenses
• Emotional and physical distress
• Wrongful death

Instances in Which a Truck Driver Will Likely be Liable

Truck drivers are responsible for preventing accidents because they know that their commercial vehicles can cause significant damage and life-altering injuries to individuals in smaller vehicles. Therefore, they must adhere to traffic laws, drive defensively, and take all necessary precautions to ensure the safety of others. Commercial truck drivers can be held accountable for their actions in the event of accidents.

When They Are Impaired

Although trucking companies and their employees are required by the Federal Motor Carrier Safety Administration (FMCSA) to adhere to drug and alcohol testing regulations, it ultimately falls upon the truck driver to refrain from driving while impaired. Impairment can take various forms, such as emotional impairment (e.g., anger or sadness affecting the driver’s alertness and rational behavior), alcohol intoxication, impairment due to illicit or prescription drugs, excessive caffeine consumption, and fatigue. Impaired truck drivers may exhibit tendencies to speed, swerve from their lane, tailgate, and engage in other behaviors that increase the risk of an accident.

When They Disobey Traffic Signals

Truck drivers must follow all traffic signals, such as stop signs, yield signs, lane divisions indicating no-passing zones, and traffic lights. If a truck driver fails to obey a traffic signal and this leads to an accident, he or she may be liable for the resulting damages.

When They Engage in Dangerous Driving Acts

Every driver must consistently practice self-control to avoid risky driving, such as speeding, changing lanes when it’s unsafe, tailgating, passing when it’s illegal or unsafe, weaving in and out of traffic, drifting out of his or her lane, or getting distracted while driving.

The consequences are even more significant when truck drivers engage in these dangerous behaviors. When a truck collides with another vehicle or a pedestrian, the risk of serious injury is higher than average. Therefore, truck drivers must take extra care to always practice safe driving.

When They Drive Beyond the Hours-of-Service Limits

Truck drivers should only drive for specific periods and take breaks to prevent fatigued driving. Drivers may be tempted to violate these limits for reasons such as wanting to earn more money, being close to their destination, or using their work vehicle for personal reasons. However, there is no valid excuse for exceeding these limits, as they are in place to prevent fatigued driving and accidents.

What Are the Benefits of Working With a Lawyer?

Truck accident lawyers need to understand the regulations that oversee the trucking industry. Both federal and state laws regulate the trucking industry, and violations of these laws can play a role in determining liability in a truck accident case. Understanding these regulations is important for truck accident attorneys, as this knowledge can help them construct a compelling case for their clients.

Bringing a lawsuit against a trucking company involves several challenges, including:

Determining Fault

Determining the responsible party in many truck accident cases can be challenging. This is because a single truck accident could involve several parties who might be held liable, such as trucking companies, truck drivers, vehicle or parts manufacturers, automakers, and local government agencies.

Trucking Regulations Can Be Confusing

Trucking companies and their drivers must adhere to specific industry regulations to prevent accidents. These regulations cover weight limits for various types of trucks, driver operating hours, training programs, and inspection and maintenance requirements. Understanding these regulations can be challenging for individuals with limited legal knowledge.

Handling Multiple Insurance Policies

Dealing with insurance in a lawsuit with multiple defendants can be complex. The wording in the liability policies of all the potentially responsible parties may be difficult to understand for someone without legal experience. Moreover, trucking companies and their insurance providers have the resources to hire well-established law firms, insurance adjusters, and investigators to dispute liability claims.

Your truck accident lawyer can thoroughly evaluate your situation, advise you on what you should do after a truck accident, outline the available legal choices, and assist you through the legal process.

Your lawyer will investigate the accident, gather evidence, interview witnesses, and work with experts if needed. He or she will then help you file an insurance claim and negotiate with the insurance company for a fair settlement. If a fair settlement can’t be reached, your lawyer may recommend filing a lawsuit, leading to a discovery process. Most cases settle before trial, but if your case goes to trial, a judge or jury will decide the outcome.

Choosing the right lawyer is imperative. Knowing what questions to ask when hiring a truck accident lawyer can help you feel assured in making the right choice. If you need a truck accident attorney to help you seek compensation for your injuries, contact us at Strong Law in Bloomington.