When a large commercial truck or its driver is responsible for a collision, it is often not immediately clear which party(ies) can and should be held liable. Often, driver error or negligence is to blame. However, even if that is the case, there can be more to it than that.
The carrier (the company that owns the truck) has a duty to ensure that its drivers and its trucks are as safe as possible. For example, it is their responsibility to make sure that their drivers are proper licensed and have undergone the necessary training.
How FMCSA regulations can play a role
Carriers are also responsible for complying (and requiring their drivers to comply) with Federal Motor Carrier Safety Administration (FMCSA) regulations. These include:
- Hours of Service (HOS) regulations: These limit how many hours a driver can be on the road before taking a break (for example, a maximum of 11 driving hours after 10 consecutive off-duty hours).
- Electronic logging devices (ELDs): These are required for most commercial vehicles to track HOS and other data
- Drug and alcohol testing programs
- Driver Vehicle Inspection Reports (DVIR)
If a carrier or their driver was in violation of one or more FMCSA regulation, that can be considered negligence, which can strengthen a plaintiff’s case.
Other parties could have liability
Some commercial truck collisions are caused by a malfunction like a brake failure. In cases like these, the truck manufacturer or whomever is responsible for service and repairs could be liable.
Many large commercial truck collisions are caused (or worsened by) the shifting or spillage of cargo. If a third party like a cargo company loaded the truck, it could potentially be held liable if the cargo was not spread out evenly or was not properly secured.
People who are victims of collisions caused by commercial trucks too often do not survive. Those who do can face a lifetime of complications. Medical treatment, physical therapy, the inability to return to work and necessary home modifications can add up to a significant amount of money. That is not even counting the pain and suffering.
Getting a fair settlement to cover all of this can be highly challenging when there are so many parties potentially at fault – and working to pass that fault onto others. That is why experienced legal guidance is crucial for victims or surviving loved ones.