Who Pays in a Commercial Truck Accident?

By Jason Bottlinger on July 10, 2017

Commercial trucks share the roads with passenger vehicles. Sometimes they work well together. Sometimes they do not. In any situation where there is an accident involving a commercial truck and a passenger vehicle, there is little doubt about which one will suffer the most.

Because of a truck’s size and carrying load, its weight can exceed 20 times the weight of an average passenger vehicle. Therefore, it should come as no surprise that the truck—and its driver—will come away with less damage.

Causes of Truck Accidents

Like other motor vehicle accidents, truck accidents can be caused by:

• Distracted driving
• Reckless driving
• Driving under the influence
• Drowsy driving
• Unsafe road conditions
• Ignoring traffic laws and regulations
• Weather
• Mechanical failures

Commercial truck accidents include ones where the truck “jackknifes”—its trailer swings around and strikes another vehicle or vehicles. This is uniquely “truck accident” territory, and it usually comes with a whole lot of injuries.

Who Is Liable in a Commercial Truck Accident?

Liability for a commercial truck accident is a question of fact and law. It depends on some complicated factors, such as the employment agreement between the trucking company and the driver, the regularity of truck maintenance and repairs, who owns the truck, and who or what was mostly “at fault” for the accident.

Identifying the potentially responsible parties is a critical step after an accident, before a claim is filed. The driver, trucking company, or maintenance provider may all be named as defendants in a personal injury claim. In certain cases, the manufacturer or producer of a product being shipped may also be responsible, as well as the contractors who hired the company.

What Damages Can Be Recovered?

Assume that it’s the trucker’s fault that you are injured in an accident. What can you recover? Potentially, the trucker and his insurance company are responsible for your physical and emotional pain and suffering, lost wages, medical care, rehabilitative expenses, property damage, lost earning potential, and more.

If you or someone you love was injured in a truck accident, reach out to the team at Bottlinger Law L.L.C. We are here to counsel you as you recover from your injuries, and find ways to pay for your damages. Call at (402) 505-8234 for a free consultation.