When Are Truck Drivers Responsible for Damages in Accidents?
This post was brought to you by Regan Zambri Long - Personal Injury LawyerAre Truck Drivers Responsible for Damages?
Truck accidents often result in severe injuries and extensive property damage. If you or a loved one has been involved in a truck accident, determining who is legally responsible is crucial. Liability can fall on the truck driver, the trucking company, or other third parties, depending on the circumstances. Below, we explore when truck drivers are held responsible, who else may be liable, and how you can prove fault in a truck accident case. More about our truck accident attorneys here.When Are Truck Drivers Responsible for Damages?
A truck driver may be responsible for damages in an accident because of distracted driving, speeding, impaired driving, missing blind spots and violating the regulations set by the FMCSA (Federal Motor Carrier Safety Administration). However, truck drivers are often employees of a trucking company, which means the company may share liability for accidents. If a driver fails to follow trucking regulations—speed limits, cargo weight restrictions, or service hour limitations—they may be found negligent and held accountable. But liability does not always fall solely on the driver. In most cases, trucking company liability also comes into play, as companies are responsible for ensuring their drivers follow regulations. If an accident occurs due to driver negligence, liability may be covered by the truck driver’s insurance, the motor carrier’s policy, or other applicable insurance policies. This coverage helps ensure that victims can receive compensation for injuries and damages resulting from a truck accident.1. Distracted Driving
Distracted driving is one of the leading causes of truck accidents. FMCSA regulations prohibit commercial vehicle drivers from texting or using a handheld phone while driving. If a truck driver was distracted at the time of an accident, they could be held responsible for damages. Other distractions include:- Eating or drinking while driving
- Adjusting radio or navigation systems
- Talking to passengers
- Daydreaming or drowsy driving
2. Speeding or Aggressive Driving
An accident victim can hold a truck driver liable on the basis of aggressive driving, but they must prove negligence. This means showing that the driver did not act with reasonable care in the situation. Additionally, the trucking company that employed the driver may be indirectly liable if they overlooked a history of aggressive driving or failed to respond to reports of a driver behaving aggressively. Aggressive driving is generally seen as reckless and unsafe. If the trucker broke a traffic law or violated a regulation, they may automatically be considered negligent. Additionally, the victim must demonstrate that the accident was a direct and predictable outcome of the driver’s aggressive behavior. Examples of aggressive driving that qualify as violations include:- Tailgating other vehicles (following too closely)
- Speeding in heavy traffic
- Weaving in and out of traffic
- Ignoring traffic signals
- Cutting off other drivers
3. Impaired Driving
Impaired driving is when a truck driver operates their vehicle while under the influence of substances such as alcohol, marijuana, opioids, methamphetamines, or any potentially impairing drug (whether prescribed or over the counter). Under FMCSA regulations, truck drivers are strictly prohibited from consuming or being under the influence of alcohol within four hours before starting their shift or operating a commercial motor vehicle (CMV). Additionally, while on duty or in control of a CMV, drivers are not allowed to drink, be impaired by alcohol, or have any detectable alcohol concentration in their system. A drug-impaired truck driver may be held liable for damages in a collision. Besides the driver, the trucking company that employed the driver can be legally responsible for accidents caused by their drivers under the vicarious liability doctrine. This means that if a truck driver causes an accident while performing job-related duties, the employer may also be held accountable—even if the company itself did nothing wrong. To prove vicarious liability, the victim must show that:- The driver was an employee of the trucking company, not an independent contractor.
- The accident happened while the driver was on duty and performing work-related tasks.
- The driver’s negligence, such as intoxicated driving, directly caused the accident and injuries.
- Testimonies from other drivers, pedestrians, or business employees can provide critical observations of the driver’s behavior, such as reckless driving, slurred speech, or signs of impairment before the accident.
- Police officers often conduct breathalyzer tests at accident scenes to measure a driver’s blood alcohol concentration (BAC). For truck drivers, a BAC level exceeding 0.04% is considered illegal, making this a key piece of evidence.
- If there are concerns that the driver consumed alcohol or drugs before the crash, credit card transactions and receipts from bars or liquor stores may support claims of intoxication.
- If drug use is suspected, post-accident drug tests can reveal substances like marijuana, amphetamines, or prescription medications in the driver’s system.
- Evidence of erratic speed changes, sudden braking, or reckless driving patterns can indicate impairment. These can be proved using the truck’s Electronic Computer Module (ECM), which trucks limit the speed and monitor a variety of operations
4. Missing Blind Spots
In a blind spot accident, more than one party may be responsible. Truckers must check mirrors and use caution when merging or changing lanes. If a driver fails to do this and causes an accident, they may be liable for any damages. Additionally, if the truck driver is an employee and was on the job when the crash happened, the trucking company may also share responsibility under vicarious liability. Proving fault requires evidence showing whether the driver’s negligence or a mechanical failure contributed to the crash. For example, if the driver failed to signal or check their mirrors before moving, they could be liable. Alternatively, if a malfunctioning mirror prevented them from seeing another vehicle, the trucking company might share responsibility for failing to maintain the truck properly. Gathering strong evidence is essential in establishing liability. Photos from the crash scene can highlight important details like skid marks, vehicle damage, or road conditions, helping to prove whether the truck driver was at fault. Witness statements also play a crucial role, as they can confirm if the driver made an illegal lane change or showed signs of impairment. Additionally, expert witnesses, such as accident reconstruction specialists, can analyze the scene and provide professional insights into how the collision occurred. Moreover, surveillance footage from dashboard cameras, security systems, or doorbell cameras may also capture the accident, offering valuable proof of negligence. Finally, a victim’s own recollection of the accident—recorded as soon as possible—can provide key details that strengthen their claim.Other Parties That Might Be at Fault for a Truck Accident
- The Trucking Company: If a truck driver is an employee, their company may also be responsible. Common reasons a trucking company is liable include: negligent hiring, improper training, failure to conduct a post-accident drug test, and unrealistic schedules.
- The Truck’s Owner: Some trucking companies lease trucks from a third party. If the truck owner fails to maintain the vehicle properly, they could be held liable for mechanical failures leading to an accident.
- The Manufacturer: If a defective truck part caused an accident, the manufacturer could be held liable. Examples include: faulty brakes, defective tires, and steering system failures.
- The Cargo Loader: If cargo is not properly secured, it can shift during transit and cause an accident. If an improperly loaded truck caused the crash, the company responsible for loading the cargo may be liable.
Evidence Used to Prove Who’s Responsible in a Truck Accident Case
To recover damages after a truck accident, you must prove that another party’s negligence caused the crash. Evidence that can help establish fault includes:- Police Reports: Official documentation of the accident
- Eyewitness Statements: Testimonies from people who saw the accident
- Surveillance Footage: Camera recordings from traffic or dash cameras
- Driver Logs: Records of service hours and potential violations
- Maintenance Records: Proof of whether the truck was properly maintained
- Onboard Technology: Electronic logging devices (ELDs) and GPS tracking that record speed, braking, and hours of service
- Accident Reconstruction: Physical evidence like skid marks, impact points, and vehicle damage to prove whether driver error, equipment failure, or other factors caused the accident.