Crashes involving large commercial trucks are often catastrophic, leading to devastating injuries far worse than a typical car accident. When a massive 18-wheeler is involved, several parties may be at fault.
However, assessing blame is rarely simple. Multiple parties often share legal responsibility under state tort law, with the standard of care usually defined by state and federal safety laws. The complexity of these claims means a detailed investigation is necessary to find all potential negligent parties.
Truck drivers
The truck driver is the most obvious party you can hold responsible for the accident. Drivers are liable for their own negligent actions, such as speeding, distracted driving, driving under the influence (DUI) or making aggressive maneuvers on Kentucky highways.
Driver fatigue is a crucial factor in many crashes. The Federal Motor Carrier Safety Administration (FMCSA) sets strict hours-of-service (HOS) rules. Violating these rules can mean the trucker drove while dangerously tired. Fatigue significantly reduces a driver’s reaction time, increasing the likelihood of a crash. The rules try to keep tired truckers off the road.
Trucking companies
You can hold the driver’s employer, the trucking company, responsible through multiple legal doctrines. First, the law holds employers accountable for an employee’s negligent actions under the doctrine of “vicarious liability,” provided the employee was acting within the scope of employment.
Second, the company can be held directly accountable for its own actions or inactions. For example, a company may have been negligent by:
- Hiring a driver with a poor or unsafe driving history
- Failing to conduct required inspections or allowing trucks to operate with faulty brakes or worn-out tires
- Pressuring drivers to ignore HOS rules so they can meet impossible deadlines
The company must ensure its fleet is roadworthy and that its drivers are adequately rested and qualified. These duties are non-negotiable to protect all motorists.
Third parties
Liability often extends beyond the driver and the carrier. If a critical part failed and caused the crash, you might be able to hold the truck manufacturer or its parts manufacturer responsible. For example, you can pursue compensation from the manufacturer of a faulty steering component or defective brakes.
Similarly, a separate cargo-loading company may be at fault, such as for improperly loaded cargo, overloaded trailers or unsecured cargo, causing the truck to lose balance, shift its weight or roll over.
Why skilled legal guidance matters
Liability in a commercial vehicle crash is often split among several defendants, and you can bet each one (with their expensive legal teams and separate insurers) will try to shift the blame to others, including you.
Because these claims involve complex federal regulations, preserving evidence, and fighting multiple corporate defendants, having skilled legal representation is essential to uncovering all responsible parties and maximizing recovery.