Truck accidents are often highly complex, involving multiple parties and complicated questions of liability. Determining who is legally responsible for your injuries—whether it’s the driver, the trucking company, or another party—can be challenging. In many cases, trucking companies may share responsibility, but proving their liability requires careful investigation and strong evidence. An experienced truck accident attorney at Shamieh Law can guide you through the process and help build a compelling case on your behalf.
Are Trucking Companies Responsible After an Accident?
Trucking companies could be found responsible for your accident if they haven’t followed trucking regulations or other operating requirements.
Employers are considered “vicariously liable” for their employees’ actions while working or acting within their job responsibilities. Employees could make their employer liable because they were working during the accident.
A trucking company could be considered directly liable for its own negligence. In cases of direct liability, a company could be held liable if it engages in negligent hiring, training practices, or employee monitoring.
Determining if you can bring a lawsuit against a trucking company after an accident can be confusing, as there is some crossover. Some companies hire independent contractors for their drivers because vicarious liability only applies to employees.
When Can Trucking Companies Be Held Responsible For Accidents?
While you might first think the liable party in an accident is always the driver, if they’re operating a commercial vehicle, more circumstances could contribute to the accident. Beyond the driver, the trucking company can be considered liable for the accident.
Several actions employers take can increase the danger or influence truck drivers. These actions could be operational or management issues or a mechanical failure.
For example, cargo must be secured and loaded according to regulations. The vehicle cannot be overloaded or secured improperly. According to the Federal Motor Carrier Safety Administration, all vehicle components used to secure cargo must be in working order when used, and must use certain tiedowns.
Drivers also must follow hours of service regulations, and trucking companies should ensure they are. A company could be held responsible if the driver knows the company is asking them to work over the regulated hours, but they fear retaliation. Some of these negligent actions can include:
- Poor Vehicle Maintenance
- Violation of Federal Regulations (e.g., Hour or Service Requirements)
- Inadequate Training and Supervision
- Negligent Hiring and Retention
- Improper Cargo Loading
- Unsafe Company Policies or Procedures
- Contractual Agreements or Third-Party Liability
Trucking companies must ensure drivers have a valid commercial driver’s license (CDL). Federal law requires CDL drivers to be at least 21 for interstate routes, but Texas allows intrastate CDL drivers starting at age 18. Texas and Louisiana have specific trucking regulations and restrictions drivers must follow, and these are in place to maintain road safety.
Drivers could lose their CDL for multiple reasons, like leaving the scene of an accident or driving under the influence. Vehicles also need to be regularly and thoroughly inspected in all components, and in Texas, drivers must complete a daily vehicle inspection.
In Texas, you generally have two years from the date of a truck accident to file a lawsuit. In Louisiana, the deadline is shorter—only one year from the date of the crash. Missing these time limits can prevent you from pursuing compensation.
What Evidence Do You Need to Prove Liability in a Truck Accident?
Providing evidence can enhance the chances of a successful truck accident lawsuit, bolster your case and demonstrate the negligence or responsibility of the other parties. Some vital evidence to establish fault in a truck accident can include:
- Cell Phone Records
- Vehicle Black Box Data
- Eyewitness statements
- Dash Camera Footage
- Driver Qualification Records
- Maintenance and Inspection Records
- Driver Logbooks
- Traffic Surveillance Camera Footage
- Police Records
- Photos and Videos of the Accident Scene
Gathering evidence yourself, especially when recovering from injuries, can seem completely overwhelming, but you don’t need to take on the burden. One of Shamieh Law’s attorneys specializing in truck accidents can help strengthen your case against a trucking company after a collision. We view our clients as family and will work tirelessly to secure compensation to support your recovery.
Other Liable Parties in a Commercial Truck Accident
Trucking companies can be held responsible after an accident, but other individuals or parties may also be held accountable. There are many stops along the route for cargo truck transportation.
The truck driver might have been distracted, there could have been a maintenance issue, or the cargo might have been loaded incorrectly.
Other liable parties in a truck accident could include:
- Truck Drivers
- Vehicle and Parts Manufacturers
- Third-Party Contractors
- Cargo Loading Companies
- Maintenance Companies
Identifying all liable parties in an accident can be challenging, but our truck accident attorneys at Shamieh Law have the expertise and skills to investigate the incident and determine all responsible parties. Establishing all liable parties can strengthen your case, provide more insurance coverage, and improve your chances of recovering the full value of your claim.
Schedule a Consultation With A Truck Accident Lawyer at Shamieh Law
Holding trucking companies responsible for truck accidents can be difficult, but having an attorney to guide you through the process can make all the difference. Your lawyer will help you through every step of the process and gather evidence while focusing on your best interests. After being involved in a truck accident, you deserve the great representation our team at Shamieh Law can provide.
Shamieh Law has experienced truck accident attorneys who are willing to take up your case and fight for your rights. Contact our firm or call (469) 813-7332 for a free case review.