A trucking company is liable for an accident when it fails to comply with federal or state regulations regarding commercial vehicle operation, maintenance, and servicing.
Berry Law has seen what happens when trucking companies put profits over people, resulting in catastrophic accidents and injuries.
We aim to empower truck accident survivors with the knowledge to protect their rights and fight for maximum compensation with our Papillion Personal Injury Lawyer team.
What is Liability?
Liability refers to legal responsibility in the context of a truck accident.
In states like Nebraska and Iowa, where at-fault and comparative negligence laws apply, assigning liability is crucial in determining who will compensate for the accident-related damages.
However, liability isn’t always as clear-cut as it may seem.
In trucking accidents, multiple parties may shift blame based on preexisting conditions, injured parties’ road behaviors, or lack of evidence.
As a result, truck accident survivors face an uphill battle when fighting for the compensation needed to recover from catastrophic injuries.
How Can A Trucking Company Be Liable After An Accident?
Failure to Properly Maintain Vehicles.
Trucking companies must regularly inspect and maintain their fleet to ensure they are safe for the road. This includes regular checks on brakes, tires, lights, and other critical components.
If a truck accident is caused by a mechanical failure due to a lack of proper maintenance, the trucking company may be liable for damages.
Proving liability in this situation involves:
- Gathering evidence of inadequate maintenance through truck inspection reports, maintenance logs, and witness testimonies
- Demonstrating a lack of proper maintenance directly contributed to the accident
- Showing the trucking company knew of or should have known about the maintenance issues
Truck accident survivors can find it challenging to gather this evidence and prove negligence on their own.
However, trusting experienced truck accident lawyers at Berry Law ensures no stone is left unturned in building a strong case against the trucking company.
Failure to Hire Good Drivers.
Trucking companies are responsible for hiring truck drivers who are properly licensed and trained to operate commercial vehicles. The best verification practices include thorough background checks, drug testing, and verifying qualifications.
If a truck accident is caused by a driver’s lack of proper training or qualifications, the trucking company may be liable for hiring an incompetent driver.
Proving incompetence in this situation involves:
- Obtaining the driver’s employment and training records
- Examining the driver’s driving history and license qualifications
- Demonstrating that the truck accident was a direct result of the driver’s incompetence
The trouble with inexperienced drivers is that their mistakes may initially seem like an isolated incident.
However, with proper investigation and legal representation, truck accident survivors can show that the driver’s incompetence contributed to the accident and hold the trucking company financially accountable.
Failure to Maintain Hours-of-Service Regulations.
The Federal Motor Carrier Safety Administration (FMCSA) regulates the number of hours a truck driver can operate without rest to prevent driver fatigue and promote safe driving practices.
For example, in Nebraska, truck drivers cannot exceed 11 hours of driving after 10 consecutive hours off duty.
If a truck accident is caused by a driver’s violation of these regulations, the trucking company may be liable for not enforcing proper rest periods and allowing their drivers to operate outside legal limits.
Driver fatigue-related accidents create a unique challenge when trying to establish liability. The trucking company may try to shift blame onto the driver for violating hours-of-service regulations.
However, with experienced legal representation, truck accident survivors can hold the company accountable for not enforcing these regulations and promoting safe driving practices.
Improper Cargo Loading
The incredible weight and size of commercial trucks make proper loading crucial for safe operation on the road. Trucking companies are responsible for loading their cargo securely and within legal weight limits to prevent rollover accidents caused by shifting or falling cargo.
Anyone from the trucking company to the cargo loading company may be liable for damages caused by improper loading.
Proving liability in this situation involves:
- Obtaining load records and inspection reports
- Showing that the cargo was not loaded correctly or within legal limits
- Demonstrating that the improper loading directly contributed to the accident
Properly investigating and gathering evidence of improper loading requires a comprehensive understanding of trucking regulations and industry practices.
An experienced truck accident lawyer can identify these issues and hold the responsible parties accountable for their negligence.
Are Trucking Companies Always At Fault For An Accident?
Trucking companies could be liable for accidents caused by their drivers or negligence in maintaining vehicles.
However, there are instances where other parties, such as the vehicle or parts manufacturer, may share liability for a truck accident.
For example, a manufacturer may be liable for a truck accident if vehicle or equipment defects directly contributed to the crash.
A trucking company may share in that liability if it fails to inspect or maintain these parts despite knowing their potential danger.
The long and complicated process of identifying all parties liable in a truck accident is why it is crucial to seek legal representation as soon as possible.
Berry Law’s Team Provides You With Multiple Attorney Perspectives
Common Truck Accidents & Injuries
All truck accidents create the potential for severe injuries and fatalities due to the size and weight of these vehicles. Accidents and damages sustained in a collision typically can include:
- Rollovers: Common when driver fatigue, faulty equipment, improper loading, or debris on the road contribute to loss of truck control. They result in lifelong injuries, such as brain and spinal cord damage.
- Jackknife accidents: Faulty brakes, driver inexperience, and fatigue can all lead to jackknifing accidents, in which the truck driver loses control of the trailer and swings out at an angle. These accidents cause incredible property damage and injuries such as whiplash, broken bones, and head trauma.
- Multi-car pile-ups: Any truck accident may endanger other road users with the right to also hold the trucking company liable. Injuries from these accidents can range from minor cuts and bruises to catastrophic injuries or wrongful death.
- Underride accidents: Drivers not used to operating a truck may not be aware of the risks of underride accidents. These occur when another vehicle slides underneath a larger commercial truck, causing severe damages such as amputation, paralysis, and brain injuries.
- Cargo spills. Improper loading can lead to severe injuries, such as burns, lacerations, and head trauma from flying debris. Moreover, spillage can cause hazardous materials to leak, creating further dangers and potential health complications.
The egregiousness of these accidents isn’t lost on courts during a truck accident lawsuit. When compensation is pursued through an experienced personal injury attorney, it could significantly inflate monetary damage awards.
What If I Am Partially At Fault For The Accident?
Any potential fault of the injured party doesn’t always spell the immediate end of a truck accident personal injury case.
For example, suppose a smaller vehicle suddenly cuts off a truck driver already driving over the speed limit and fails to stop in time.
In that case, both parties may contribute to causing the accident. In these situations, comparative negligence laws come into play.
Comparative negligence laws allow both parties to share liability based on their percentage of fault in the accident.
In this example, if it is determined that the truck company was 70% at fault and the smaller vehicle was 30% at fault, each party would be responsible for their respective percentage of damages.
So, even if it initially seems like the trucking company won’t be held responsible for the accident, an experienced truck accident lawyer can still fight to ensure maximum compensation by proving the company’s percentage of fault.
How Much Is My Truck Accident Worth?
Economic Costs of Truck Accidents
The high trucking traffic through Nebraska and Iowa makes these accidents more likely to happen and creates significant expenses.
Recoverable economic damages will vary depending on the severity of injuries and damages sustained but generally include:
- Medical expenses: This includes immediate medical care and future treatment, rehabilitation, and medication.
- Lost income or diminished earning potential: Truck accident survivors who are unable to work can receive compensation for lost wages and potential future earnings if their injuries prevent them from returning to their previous jobs or taking on higher-paying employment.
- Property damage: The cost of repairing or replacing damaged vehicles and any personal belongings destroyed in the accident.
Not all recoverable economic damages are immediately apparent. It may take time to determine the full extent of an injured party’s damages, so working with a lawyer who can accurately calculate and anticipate all future expenses is essential.
Non-Economic Costs of Truck Accidents
Less tangible, but equally critical non-economic damages offer compensation for the emotional and psychological toll of a truck accident, including but not limited to:
- Pain and suffering: This includes physical pain and emotional distress caused by the accident.
- Loss of enjoyment of life: Injuries sustained in a truck accident may prevent individuals from engaging in activities they once enjoyed, resulting in loss of happiness and fulfillment.
- Loss of consortium/companionship: If the injured party can no longer engage in intimate or familial relationships due to their injuries, their spouse or family members may also be entitled to compensation.
Unlike economic damages, valuing non-economic damages is more subjective and may require expert testimony or evidence to be accurately determined.
Berry Law intimately understands these complexities and will work diligently to ensure our clients receive all the compensation they are entitled to.
Truck Company Liability FAQ
How long does it take to resolve a truck accident case?
The duration of a truck accident case varies greatly depending on the specific circumstances of each case. Factors such as the severity of injuries, the complexity of the case, and willingness to settle all play a role in determining how long it will take to resolve.
Why do I need a lawyer for a truck accident case?
Truck accident cases can be incredibly complex and involve multiple parties, including the trucking company, insurance providers, and potentially other drivers involved in the accident. A lawyer experienced in handling truck accident cases can navigate these complexities and fight for maximum compensation for economic and non-economic damages.
What if the trucking company denies liability?
Denying liability doesn’t indemnify a trucking company from being held responsible for an accident in Nebraska or Iowa. Injured parties should immediately contact a personal injury law firm to build a strong case and hold the trucking company accountable for their negligence.
Fight Back Against Negligent Trucking Companies With Berry Law Personal Injury Lawyers
Truck accidents can cause severe physical, emotional, and financial damage, making it all the more important to pursue legal action against negligent trucking companies.
At Berry Law, our team of experienced personal injury lawyers is dedicated to fighting for the rights of injured parties and holding trucking companies accountable for their actions.
Start the legal process with experienced Berry Law personal injury attorneys online or by calling 402-466-8444.
