How Is Liability Determined in a Truck Accident?

Due to the size and weight of commercial vehicles, truck accidents often lead to catastrophic consequences. When one occurs, the question of who is liable is critical, but unfortunately, the answer is rarely straightforward. 
Trucking operations involve multiple parties, including drivers, employers, contractors, cargo companies, and manufacturers. Identifying the responsible party requires a comprehensive investigation and an understanding of federal and state regulations. 

At Webster Vicknair Macleod, our truck accident attorneys will take on this challenging task on your behalf.

Why Liability Matters in Truck Accidents

Liability determines which party should pay for your accident-related losses. Whether you’re filing an insurance claim or a personal injury lawsuit, the outcome depends on proving who caused the crash and how.
Determining liability allows injured victims to seek compensation for:

• Medical expenses
• Lost wages
• Pain and suffering
• Property damage
• Wrongful death (in fatal cases)

The stakes are high because truck accidents typically result in more severe injuries than passenger vehicle crashes. Trucking companies and insurers will often try to shift blame or downplay their role to avoid paying what victims deserve.

What Makes Truck Accident Liability More Complicated?

Commercial truck accidents involve additional legal and logistical layers, unlike standard car crashes. Some reasons liability is more complex include:

• Multiple parties are involved: The truck driver, the carrier, the truck owner, a cargo loader, or a manufacturer may bear some responsibility.
• Federal regulations apply: The Federal Motor Carrier Safety Administration (FMCSA) imposes specific rules on service hours, maintenance, inspections, and more.
• Company policies matter: Pressures placed on drivers to meet delivery quotas can influence liability.
• Commercial insurance is involved: Commercial policies cover higher amounts, making insurers more aggressive in defending claims.

Liability isn’t just about who was driving. It’s about how the entire trucking operation was managed.

Key Evidence Used to Establish Liability

The type of evidence you need to establish liability depends on the facts of the case. A skilled truck attorney from our firm will collect a wide range of evidence to determine how the crash occurred and who was at fault.

Here are some of the most important types of evidence:

Police Reports

These offer a foundational crash summary, including driver statements, observed violations, and any citations issued by responding officers. While not always definitive, they provide an official account of what happened.

Maintenance Records

These detail how well the truck was maintained and whether mechanical issues were reported, ignored, or improperly addressed. Poor maintenance can point to negligence by the carrier or a third-party service provider.

Cell Phone and GPS Records

These can show whether the driver was distracted or using a phone during the crash. GPS data also reveals speed, route, and whether the driver made unauthorized stops or detours.

Truck Inspection Reports

These documents include pre- and post-trip inspection records, noting any known issues with the vehicle. They can uncover long-standing problems that were not addressed before the crash.

Black Box Data

Most commercial trucks are equipped with event data recorders (EDRs), also called "black boxes." These track speed, braking, engine activity, and more. This data can reconstruct the final moments leading up to impact.

Driver Logs

Federal regulations require drivers to log hours on the road. These records are imperative in determining whether fatigue or hours-of-service violations played a role.

Dashcam and Surveillance Footage

In some cases, footage from the truck’s dashcam or nearby traffic cameras can capture the collision, offering direct visual evidence.

Witness Testimony

Statements from bystanders, other drivers, or passengers can help corroborate the circumstances surrounding the accident.

Company Records

Emails, texts, dispatch logs, and company policies can show whether the trucking company encouraged unsafe practices or violated safety regulations.

Who Can Be Held Liable in a Truck Accident?

Several parties can share truck accident liability. Key entities that may bear responsibility include:

The Truck Driver

If the driver was speeding, distracted, impaired, or violating hours-of-service rules, they can be held personally liable. However, driver fault is often just the tip of the iceberg.

The Trucking Company

Trucking companies can be held liable for:

• Pressuring drivers to exceed legal limits
• Failing to conduct background checks
• Neglecting training or supervision
• Poor maintenance policies
• Violating FMCSA safety standards

Under the legal framework of respondeat superior, employers may also be held vicariously liable for the actions of their employees or agents while performing work duties.

The Vehicle Owner

When the truck is owned by someone other than the driver or employer, that party may be liable for poor maintenance, defective equipment, or negligent leasing practices.

Cargo Loaders and Shipping Companies

Incorrectly loaded cargo can cause a trailer to become unbalanced or to spill onto the roadway. If a third-party cargo handler was responsible, they may be liable for contributing to the accident.

Maintenance and Repair Contractors

Trucking companies often outsource vehicle maintenance. If a repair shop fails to fix a known issue or creates a new hazard through shoddy work, they may share liability.

Manufacturers and Parts Suppliers

When a defective part, such as faulty brakes, tires, or coupling mechanisms, causes a crash, the manufacturer or supplier may be liable under product liability laws.

Other Drivers or Third Parties

Sometimes, another motorist triggers a chain reaction that leads to a truck crash. In these situations, liability may be shared with additional drivers or third parties not affiliated with the trucking industry.

Why You Should Not Rely on the Insurance Company to Determine Liability

Insurance companies, especially those representing large trucking firms, are not on your side. Their goal is to minimize payouts and protect their bottom line. In many cases, they will:

• Conduct their own biased investigation
• Try to shift the blame onto the victim or other parties
• Offer quick settlements that undervalue long-term damages
• Dispute medical costs or injury severity

Victims should never accept a settlement or provide a recorded statement without the guidance of our experienced truck accident attorneys.

How a Truck Accident Lawyer Can Help Determine Liability

Due to the complexity and resources required to investigate truck accidents, hiring a truck accident attorney is in your best interest. Our legal team can:

• Send spoliation letters to preserve critical evidence
• Subpoena the black box and GPS data
• Work with crash reconstructionists and industry experts
• Uncover corporate negligence or regulatory violations
• Calculate full damages and pursue all liable parties

Our truck accident lawyers also ensure that victims meet strict deadlines, comply with procedural requirements, and are not manipulated into low settlements.

Contact a Truck Accident Attorney from Webster Vicknair Macleod Today

Unlike a simple car crash, a truck accident is a multi-layered event involving individuals, companies, machinery, and regulations. Identifying liability requires deep analysis and legal insight. It’s not just about who was behind the wheel; it’s about understanding the larger system that contributed to the crash.

If you or a loved one has been injured in a truck accident, you need a team that can dig into the details, identify every liable party, and fight for your right to full compensation. At Webster Vicknair Macleod, we understand the devastating impact that truck accidents can have. Our truck accident attorneys have the experience and resources to uncover the truth and hold every responsible party accountable. Schedule a free consultation today by contacting us online.

References

American Bar Association. (n.d.). Personal injury claims. https://www.americanbar.org/groups/public_education/resources/law_issues_for_consumers/everydaylaw0/health_care/personal_injury/personal_injury_claims/
Federal Motor Carrier Safety Administration. (n.d.). Regulations. U.S. Department of Transportation. https://www.fmcsa.dot.gov/regulations/
National Highway Traffic Safety Administration. (n.d.). Event data recorder. U.S. Department of Transportation. https://www.nhtsa.gov/research-data/event-data-recorder