In collisions where a negligent truck driver strikes a civilian driver, the commercial trucking operator is responsible for the accident. However, other parties not present at the actual collision may also be held liable for damages. For example, it’s common to hold the trucking company responsible for hiring an unqualified driver, failing to properly supervise its drivers, or permitting an unqualified or irresponsible driver to operate a commercial vehicle.
Proving liability of the trucking company requires specific legal steps. The claims will require proper use of the legal liability concept of respondent superior (the idea that the master is responsible for the conduct of its servant), as well as a claim for negligent hiring, training, retention, or supervision. Your Louisville truck accident lawyer may discover other liable parties as they investigate your claim; truck accident victims have the right to seek compensation from any and at-fault parties involved in a truck accident case, including the ones below.
Defendant #1: The truck driver
As the party directly responsible for a truck accident, the trucker is an important defendant. They may have been texting and driving, speeding, operating outside federally-mandated hours of operation, or otherwise negligent. Your truck accident lawyer will likely pursue a case against the trucker, covering your medical care, out-of-pocket losses, and pain and suffering. The trucking company (or its insurance company) will likely pay for the injuries caused by the negligent driver under Kentucky law. However, it is important to identify all of the parties responsible for the wreck. Other factors may have contributed to creating conditions where an accident was foreseeable.
Defendant #2: The trucking company
Whether the driver is an employee or an independent contractor, the trucking company might still be liable if it failed to take reasonable steps to ensure public safety. This includes making sure the driver holds a valid CDL, has proper training, and isn’t scheduled to exceed the federally mandated hours of service set by the Federal Motor Carrier Safety Administration (FMCSA). Trucking companies must also supervise their drivers, review logbooks, and check driving records regularly.
When a trucking company fails in these duties, it may be held directly liable for negligent hiring, training, supervision, or retention. In other words, if the company knew, or should have known, that the driver posed a risk and allowed them to operate anyway, they may share responsibility for the accident.
Defendant #3: A truck mechanic, manufacturer, or designer
Some truck accidents are due to the vehicle being fundamentally unsafe. A poorly performed repair, cab, trailer, or hitch mechanism that is inherently flawed (and therefore unsafe), or a batch of vehicles with manufacturing defects, may mean that no matter how skilled and attentive the trucker is, they still crash. Good investigation in truck accident cases involves examining each vehicle, checking for physical damage that indicates how the wreck occurred, analyzing data from the “black box,” and looking for mechanical issues or flaws in the vehicle.
It’s important to note here that if the driver is operating a fleet vehicle belonging to the trucking company and the carrier fails to keep the vehicle in good repair or fails to properly inspect its fleet (permitting flawed vehicles to operate), then it can be held liable if there’s a wreck.
Defendant #4: Cargo loaders
Semi-trucks have a much higher center of gravity than other types of vehicles, and if the cargo in the trailer isn’t properly stacked and balanced, the driver can lose control. While FMCSA regulations require truck drivers to regularly inspect their cargo to ensure it hasn’t dangerously shifted. If the cargo is improperly loaded initially, it can render the vehicle unsafe. Cargo loaders or their employers can be held liable if an unbalanced load contributes to the accident conditions.
Insurance companies look closely at truck accident claims involving multiple defendants, which means that the evidence against each one and the logical connection between each defendant’s negligence must be solid. An experienced attorney can litigate a case against multiple defendants, so you receive every penny you’re entitled to from each party responsible for your injuries.
Get experienced legal support after a truck accident
Have you been hurt in a semi-truck crash? These accidents often cause serious injuries and complex legal challenges. You need a knowledgeable truck accident attorney who understands the unique laws and regulations involved in trucking cases.
Contact Grossman Green PLLC at (502) 657-7100 for a free consultation. Our skilled attorneys will review your case, answer your questions, and fight to secure the compensation you deserve.