Beyond the Driver: Understanding Liability in Commercial Truck Accidents

When a standard car accident occurs, the fault usually lies with one of the drivers involved. However, collisions involving commercial semi-trucks are far more complex legally and factually. At Freeman Childers, we often find that the responsibility for a serious truck wreck extends well beyond the person behind the wheel.

Why Liability is Complex in Trucking Cases

The commercial trucking industry is governed by a tangled web of federal regulations and corporate relationships. Because of this, a single accident often involves multiple negligent parties. Identifying every liable party is crucial because commercial trucks carry massive insurance policies, and injuries from these accidents are often catastrophic, requiring significant financial resources for recovery.

Potential Liable Parties

1. The Truck Driver.

Driver error is common, whether due to fatigue, distraction, speeding, or substance use. However, the driver is often just one link in the chain.

2. The Trucking Company.

Employers are often responsible for their employees' actions. Furthermore, trucking companies may be independently liable if they forced drivers to violate hours-of-service regulations, failed to vet a driver's background, or neglected fleet maintenance.

3. The Cargo Loaders.

If a truck jackknifes or rolls over, it is often due to shifting cargo. If a third-party logistics company loaded the trailer improperly or overloaded it, they may share fault for the crash.

4. Vehicle and Parts Manufacturers.

Sometimes the crash wasn't caused by human error, but by a mechanical failure—such as a blown tire or brake failure—stemming from a manufacturing defect.

The Importance of a Thorough Investigation

Determining who is at fault requires an immediate and aggressive investigation to preserve black box data, driver logs, and maintenance records. Our team at Freeman Childers looks at the entire supply chain to ensure every negligent party is held accountable. If you or a loved one has been injured, do not assume the insurance adjuster has identified all the facts. Contact us today to discuss your case.