Determining liability in an 18 wheeler accident can be highly complex as it involves both the truck driver and the trucking company. Can each party be held responsible? That’s a question for an 18 wheeler accident attorney.
Both the driver and the company may potentially be held liable for the injuries and damages you experienced due to the accident. However, there are several key legal principles and factors that need to be considered in these cases in order to determine who is responsible for what.
If you have been involved in an accident with a semi truck, experienced legal counsel can help unravel the complexities of your case. Contact our team at Maida Law Firm for a free 18 wheeler accident attorney consultation today.
Who Is Responsible?
Determining who is responsible after an 18 wheeler accident often involves a legal idea called “vicarious liability.” This basically means that an employer (the trucking company) can be held responsible for the careless actions of their employee (the truck driver) if those actions happened while the driver was doing their job.
When a truck driver is on duty, they are acting on behalf of the company. So if the driver makes a mistake, like speeding or running a red light while delivering cargo, the trucking company can be held legally accountable for the resulting accident. This is because the law recognizes that the company benefits from the driver’s work and therefore should also bear some responsibility for the driver’s on-the-job conduct.
Trucking Company Responsibility
Beyond the actions of the driver, the trucking company itself can be directly responsible for an 18-wheeler accident. This happens when the company’s own carelessness or mistakes contribute to the crash. For example, if a company hires a driver without properly checking their driving history, and that driver causes an accident due to their past recklessness, the company could be held liable for negligent hiring.
Tucking companies are also responsible for keeping their trucks in safe working order. If poor maintenance, like faulty brakes, leads to an accident, the company’s failure to maintain the vehicle properly makes them directly responsible.
In addition, federal regulations set rules for the trucking industry such as limits on how long drivers can operate a vehicle. If a company pushes drivers to break these rules, leading to fatigue and consequently an accident, the company’s violation of these regulations establishes direct liability.
Truck Driver Liability
While the trucking company can be held responsible, the truck driver is always accountable for their own actions behind the wheel. If a driver makes a mistake and causes an accident, they are directly liable for the consequences. Common examples of driver negligence include driving while under the influence of alcohol or drugs, or getting distracted by cell phones or radios. Speeding, running red lights, or generally driving recklessly can also be considered driver negligence.
Another critical factor in 18 wheeler accidents is fatigue. If a driver violates the federal rules on how long they can drive without a break, falls asleep at the wheel, and causes an accident, they are directly responsible for their fatigued driving. In these situations, the driver’s own insurance coverage may be involved. However, it’s important to note that the insurance limits for individual drivers are often lower than the insurance policies held by trucking companies.
Sorting Out the Pieces – 18 Wheeler Accident Attorney
Determining who is liable involves a thorough investigation of the accident by your 18 wheeler accident attorney team. Each piece of evidence helps paint a clearer picture of the factors that led to the accident and who bears responsibility. Here is the approach we take:
- Police reports are a primary source, as they describe the initial findings and often include diagrams and witness statements.
- If needed, we can bring in accident reconstruction experts to analyze the physical evidence and determine the sequence of events.
- We can also get access to driver logs and company records to check for compliance with regulations and potential issues like fatigue or inadequate maintenance. These vehicle maintenance records can reveal if mechanical problems contributed to the crash.
- If warranted, we can pursue drug and alcohol testing for the driver to assess if there was any impairment.
Attorneys Experienced in 18 Wheeler Accident Cases
Navigating the complexities of a truck accident claim requires specialized knowledge in this area of law, as well as substantial experience handling these cases. They often involve a number of important regulations, extensive evidence gathering, and multiple potentially liable parties.
As your 18 wheeler accident attorney, you can trust us to manage your case with confidence and expertise. We will pursue fair compensation for your injuries, lost wages, and other damages on your behalf. Contact Maida Law Firm now and schedule a free case evaluation with our trusted legal team.