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Truck Accident Claims: Who Can Be Held Liable?

Photo: Anthony Maw / Unsplash

Crashes involving commercial trucks often cause serious injuries and involve several possible defendants, federal regulations and large insurance policies.

Who may be responsible

  • The driver.
  • The trucking company, which can be liable for its employee's conduct and for its own hiring, training and maintenance decisions.
  • The company that loaded the cargo.
  • Maintenance providers or parts manufacturers.
  • A broker or shipper in some cases.

Rules and evidence

  • Federal motor carrier safety rules govern hours of service, inspections and driver qualifications.
  • Electronic logs and event data recorders can show speed and braking.
  • Maintenance and driver records may reveal violations.
  • Evidence can be lost quickly, so lawyers often send preservation letters early.

Steps after a truck crash

  1. Call 911 and get medical care.
  2. Photograph vehicles, plates and the scene.
  3. Get witness information and the truck company's name and DOT number.
  4. Avoid statements to the trucking insurer without advice.
  5. Consult a lawyer experienced in trucking cases early.

Deadlines

Injury deadlines apply, and claims against government vehicles may need quick notice. See our guides to injury claims and statutes of limitations.

Frequently asked questions

Are truck insurance limits higher?

Federal minimums for many carriers are higher than for passenger cars, though actual policies vary.

Is the driver always the main defendant?

Not necessarily. Companies may be responsible too.

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