There are several parties who might be liable for a truck accident. To determine liability, the insurance company and your attorney will review the police report and perform an investigation to identify the specific cause of the crash. Depending on the circumstances, the following parties may be liable: the truck driver, the company that employed the truck driver, the party that maintained the vehicle, an auto parts manufacturer, a government entity, or another motorist.
If the truck driver’s negligence was the proximate cause of the accident—for example, if he or she was speeding, intoxicated, or distracted—you would most likely file the claim against his or her employer. Motor carriers can be held liable for the negligence of their employees through the doctrine of respondeat superior. However, if the trucker was an independent contractor, you would bring the claim against him or her directly.
It’s not uncommon for motor carriers to hire independent contractors to perform maintenance on their fleet. If negligent maintenance was the proximate cause of the crash, that party may be liable for the resulting damages.
Some truck accidents are caused by defective auto parts. Depending on the circumstances, it may be possible to bring a claim against the part designer, manufacturer, retailer, or another party who played a role in the development or distribution of the product.
If poor road maintenance or negligent road design contributed to the crash, a government entity may be responsible. If another driver’s negligence was to blame, you would file the claim against that driver.
