Accidents involving commercial vehicles can result in serious consequences. These vehicles, which include semi-trucks, delivery trucks, semi-trailers, buses, and even company cars, are often much larger and heavier than passenger vehicles, making collisions potentially devastating.
At Lowe Law Group, we understand the complexities of commercial vehicle accident cases and work tirelessly to ensure our clients receive the compensation they deserve when they are victims of these types of accidents.
Who Can Be Held Responsible in a Commercial Vehicle Accident?
Unlike typical car accidents that usually involve only the drivers, commercial vehicle accidents often introduce multiple parties who could share responsibility. Determining the party(ies) at fault, involves identifying everyone who might have contributed to the crash. Here are the key entities to consider:
1. The Commercial Driver
The driver of the commercial vehicle is often the first focus after an accident. Their negligence could involve:
- Distracted Driving: Using a phone, eating, or engaging in other distractions while driving.
- Fatigue: Many commercial drivers work long hours, and despite federal regulations limiting driving hours, some may exceed these limits. Fatigue can impair reaction times and decision-making.
- Impairment: Driving under the influence of drugs or alcohol is illegal but, unfortunately, still happens.
- Reckless Driving: Speeding, aggressive maneuvers, or failure to follow traffic laws can lead to accidents.
2. The Driver’s Employer
If the driver was on the job at the time of the crash, their employer might also be held liable. Employers are required to:
- Properly train drivers and ensure they understand safety protocols.
- Perform thorough background checks and ensure drivers meet licensing and medical requirements.
- Enforce adherence to federal and state regulations, including hours-of-service rules.
If the employer was negligent in any of these areas, they could share responsibility for the accident.
3. The Vehicle Owner
In some cases, the commercial vehicle is owned by a party other than the driver or employer. The vehicle owner has a duty to ensure the vehicle is well-maintained and safe for the road. Failure to conduct routine inspections or ignoring known mechanical issues could make them liable.
4. The Maintenance Company
Regular maintenance is critical for commercial vehicles. If a third-party maintenance company was contracted to service the vehicle and failed to address known problems—or performed substandard repairs—they might be considered negligent.
5. The Manufacturer
If a defective part, such as faulty brakes, tires, or steering components, contributed to the accident, the vehicle or part manufacturer could bear responsibility. Product liability claims often arise in these cases.
6. Cargo Loaders
Improperly loaded or overloaded cargo can destabilize a commercial vehicle, making it harder to control and increasing the risk of rollovers or jackknife accidents. If a cargo-loading company or team failed to follow proper procedures, they might be held accountable.
Understanding who might be liable is a crucial step toward pursuing compensation. However, proving liability is just as important—and more complex—when multiple entities are involved.
How Do You Determine Who’s Responsible After a Commercial Vehicle Crash?
Identifying who’s at fault in a commercial vehicle accident requires thorough investigation and evidence. Each case is unique, but the following steps help build a strong foundation for determining fault:
1. Investigating the Scene
Immediately after an accident, evidence from the scene is crucial. This includes:
- Photographs and Videos: Capturing the damage to vehicles, skid marks, road conditions, and traffic signs.
- Witness Statements: Statements from bystanders or other drivers can provide additional perspectives.
- Police Reports: Law enforcement often documents the crash and notes any apparent violations or contributing factors.
An experienced legal team can help gather and analyze this evidence to understand the sequence of events.
2. Reviewing the Driver’s Records
The driver’s background(s) and actions leading up to the crash are key considerations. Relevant records include:
- Driving Logs: Federal regulations require commercial drivers to track their hours of service. Violations of these rules could indicate fatigue or negligence.
- Substance Testing Results: After a crash, commercial drivers are often subject to drug and alcohol testing.
- Driving History: Previous violations, such as speeding tickets or reckless driving citations, may reveal patterns of unsafe behavior.
3. Examining the Employer’s Practices
Employers are responsible for ensuring the safety of their fleet and drivers. Evidence of negligence might include:
- Training Records: Were drivers properly trained to handle the vehicle and its cargo?
- Hiring Practices: Were thorough background checks conducted?
- Maintenance Logs: Did the employer ensure vehicles were regularly inspected and repaired?
- Hours of Service Logs: Did the employer schedule their drivers reasonably, and enforce hours-of-service and other safety rules?
4. Analyzing Vehicle Data
Many commercial vehicles are equipped with electronic logging devices (ELDs) or “black boxes” that record crucial data, such as:
- Speed at the time of the crash.
- Sudden braking or acceleration.
- Hours of operation since the last rest period.
This data can provide valuable insights into the events leading up to the accident.
5. Evaluating Third-Party Contributions
If entities like maintenance providers or cargo loaders are suspected of negligence, their records and practices will be scrutinized. This might involve reviewing contracts, maintenance schedules, and loading protocols.
6. Consulting with Professionals
In complex cases, accident reconstruction professionals can help recreate the crash to determine contributing factors. Mechanical professionals might also evaluate the vehicle for defects or maintenance issues.
7. Understanding Relevant Laws
Commercial vehicle cases often involve a mix of federal and state laws. For example, the Federal Motor Carrier Safety Administration (FMCSA) sets strict regulations for commercial drivers, vehicles, and employers. Violations of these rules can serve as evidence of negligence.
Why It’s Critical to Seek Legal Help Immediately After An Accident
When dealing with a commercial vehicle accident, navigating the legal process can feel overwhelming. Multiple parties may deny responsibility, and large companies often have legal teams and insurers working to protect their interests.
Partnering with an experienced law firm like Lowe Law Group ensures you have someone advocating for your rights. Our team is dedicated to:
- Investigating your accident thoroughly.
- Negotiating with insurance companies on your behalf.
- Pursuing maximum compensation for your medical bills, lost wages, property damage, and pain and suffering.
If you were hit by a commercial vehicle, taking prompt action can make all the difference. The sooner you consult an attorney, the better equipped they’ll be to gather evidence and build a strong case.