There's a risk of injury with any car accident, but these risks increase when the other vehicle is a large commercial truck. So it's important to understand how liability and insurance work after this kind of accident. Make sure you know who (besides the driver) might be legally responsible, and how state and federal regulations might make it easier to establish fault. You should also be aware of how trucking companies' higher insurance limits could improve your chances of negotiating fair compensation.
Larger Vehicles Increase the Risk of Serious Injuries
The size, weight, and design of commercial trucks all contribute to a greater chance of serious accident injuries when these vehicles are involved in a crash.
Commercial trucks can weigh many times more than a typical passenger vehicle. This not only increases the braking distance of a commercial truck, but can result in more energy transmitted into the smaller vehicle upon impact. There are also higher ground clearances beneath many commercial trucks, like tractor-trailers. This can lead to a smaller vehicle getting wedged between the road and the trailer of a commercial truck.
So it’s unsurprising that, when a large truck collides with a passenger vehicle, it's much more likely that the people in the smaller vehicle will be seriously injured or killed. In 2021, for example, 2,573 people were killed in collisions between large trucks and passenger vehicles, and 97% of the fatalities were passenger vehicle occupants.
Safety is a big reason why regulations and insurance requirements for the commercial trucking industry are so stringent. Car insurance policies may have policy limits in the tens of thousands of dollars. But a typical commercial truck insurance policy will likely have limits approaching $1 million or more. That means a more complete recovery might be possible for the plaintiff. But the size of these companies and the amounts of money at stake can also lead to harder legal fights or more challenging negotiations with insurance companies.
More Parties May Be Liable After a Commercial Truck Accident
In a typical two-vehicle traffic accident, you can usually file a claim with the at-fault driver's insurer. And, if there's a lawsuit over compensation for injuries or vehicle damage, the at-fault driver will usually be the only defendant. It's not as common for other parties (for example, the driver's employer, or the vehicle manufacturer) to be legally responsible for this kind of accident.
With commercial truck accidents, on the other hand, it's standard for other parties to share legal responsibility with an at-fault truck driver. For example, a victim might have legal claims against:
- the truck driver’s employer
- the owners of the truck, its trailer, or its cargo
- the company or individual who loaded the truck, or
- third-party truck maintenance companies.
Not all commercial truck accidents will involve these potential entities. For instance, some truck drivers own their vehicles and work as independent contractors, not as employees of a single company. Keep in mind that companies have an incentive to reduce their legal liability by classifying their drivers as independent contractors. In some cases, a company's responsibility for an accident could hinge on whether a court agrees with this classification, or thinks the driver meets the legal definition of an employee.
Assigning Fault Can Be Complicated in Commercial Truck Accident Cases
Determining who's responsible for a commercial truck accident can be complex, both in terms of the legal issues involved and from a practical standpoint.
Identifying potential defendants. As we discussed in the previous section, many people and companies could share some responsibility for the accident. It can take time and effort to identify all of these parties, and to determine whether they're liable for the accident.
Dividing responsibility between multiple defendants. It's common for more than one party to share blame for an accident. For example, a negligent driver could be responsible for taking his eyes off the road, while a maintenance company could be responsible for the faulty brakes that made it more difficult for the driver to avoid a collision. In situations like these, the plaintiff can sometimes choose to seek full compensation from a single defendant. It's then the responsibility
Depending on the legal theories involved, the plaintiff can sometimes get a full recovery from one defendant even if multiple parties are to blame for the accident. If the plaintiff wins in court, or negotiates a settlement, that single defendant is obligated to pay the plaintiff's damages. This takes the burden off of the plaintiff to prove exactly how much legal responsibility is shared by each party. Instead, that dispute is left to the people and companies who share liability for the accident.
State and federal regulations can affect liability. The trucking industry is heavily regulated, with rules covering, for example:
- how long a person can drive a truck before they must take a break
- how much cargo a truck can carry
- when a driver is impaired by drugs or alcohol
- the licensing requirements for transporting certain cargo and operating specific types of truck, and
- the maintenance requirements for trucks and related equipment.
These laws are important because they can help a plaintiff establish fault. Imagine the truck’s brake failure led to the accident. The trucking company wants the brake manufacturer and maintenance company to take the blame. But if the trucking company violated the law by not servicing the truck often enough, then it’s more likely that the truck company will bear the bulk of the legal blame for the accident, not the brake manufacturer or company hired to maintain the truck.
Next Steps After a Commercial Truck Accident
Because of the complexities involved, it's almost certainly a good idea to work with an attorney if you've suffered serious losses in an accident with a commercial truck. An attorney with experience handling these cases will know how to assess and prove your damages, and can negotiate on your behalf with insurance companies. They will also know how to investigate your case and how the law applies to your situation. This makes it more likely that you'll receive fair compensation for your injuries and property damage.