Truck accidents are often devastating events that leave victims with injuries that cause significant disruptions to every aspect of their lives. Unlike typical car crashes, determining liability for a truck wreck often involves untangling a complex web of responsibility. Working with an experienced Oregon truck accident attorney can help you identify all potentially responsible parties and pursue the full compensation you deserve.
Who Can Be Held Liable in a Truck Accident?
When a commercial truck is involved in a collision, multiple parties may bear responsibility for the resulting harm. These potentially liable parties include:
- Truck drivers – Truckers may be liable when they operate their vehicles negligently, such as driving while fatigued or distracted.
- Trucking companies – Companies may be responsible for their drivers’ actions or their own negligent practices.
- Vehicle or parts manufacturers – Defective truck components that fail and cause accidents can lead to truck manufacturer liability.
- Maintenance providers – Poor maintenance or improper repairs can result in catastrophic mechanical failures.
- Cargo loading companies – Improperly secured or overloaded cargo can cause trucks to become unstable.
- Government agencies – If poorly designed or maintained roadways contribute to crashes, the authority governing the road may be held liable.
Identifying all potentially liable parties is a critical step toward maximizing your compensation after a truck accident. This process requires conducting a thorough investigation of the crash, as well as in-depth knowledge of federal and state trucking regulations.
Understanding Truck Driver Negligence in a Crash
Truck drivers are responsible for operating their vehicles safely and following all applicable regulations. Driver negligence can take many forms, including:
- Distracted driving, such as texting, eating, or any activity that takes attention from the road
- Exceeding hours-of-service limits or driving when too tired to do so safely
- Driving too fast for conditions or exceeding speed limits
- Operating a truck while under the influence of alcohol, drugs, or medications
- Tailgating, making unsafe lane changes, or road rage
- Inadequate experience or training in handling specific vehicles or road conditions
Commercial truck drivers are held to higher standards than regular motorists due to the catastrophic harm their vehicles can cause. They must follow Federal Motor Carrier Safety Administration (FMCSA) regulations on driving hours, vehicle inspections, and safety protocols.
When Is the Trucking Company Responsible for an Accident?
Trucking companies can be held liable for a truck crash in several ways:
- Vicarious liability, which is a legal principle making employers responsible for their employees’ actions performed within the scope of employment
- Negligent hiring practices, such as failing to properly screen drivers, check driving records, or verify qualifications
- Inadequate training
- Poor vehicle maintenance
- Encouraging unsafe practices, such as pressuring drivers to meet unrealistic deadlines or violate hours-of-service regulations
- Improper loading if the company is responsible for loading cargo
Can Multiple Parties Be Liable in a Truck Accident?
Responsibility for truck accident losses often falls on multiple parties. Truck accident cases can be particularly challenging due to the number of insurance companies and legal teams involved. As the victim of a truck wreck, it is essential to work with an attorney with experience handling these types of cases. An experienced Portland truck accident lawyer will thoroughly investigate all potential sources of liability to prevent responsible parties from escaping accountability. Pursuing compensation from all available sources also gives you a better chance of receiving enough money to cover all of your losses.
How Insurance Companies Determine Fault in Truck Accidents
Determining fault in a truck collision involves a complex investigation process. Insurance companies typically:
- Review police reports and accident scene evidence
- Analyze electronic logging device (ELD) data and truck “black box” information
- Examine maintenance records and driver logs
- Interview witnesses
- Consult with accident reconstruction experts
- Review driver qualification files and employment records
- Evaluate compliance with federal and state regulations
Insurance companies work diligently to minimize their financial exposure. They may try to shift blame to other parties or even to the victim. This is where having an attorney who knows how to protect your rights is helpful. A skilled Portland truck accident lawyer can counter these strategies and present compelling evidence that accurately establishes truck accident liability.
An Oregon Truck Accident Attorney Can Help
Multiple parties liable in truck accidents make these cases incredibly intricate. After a truck crash, victims have to endure a challenging physical recovery process while dealing with overwhelming medical bills and lost income. The last thing you need is to have to manage the complicated world of truck accident claims alone.
On the challenging road to recovery, you need attorneys who are familiar with the complex nature of these cases and will fight tirelessly for your rights. At Rizk Law, we combine the personalized attention of a boutique firm with the legal knowledge necessary to take on large trucking companies and their insurers.
We handle every aspect of your case, including:
- Conducting thorough investigations of the collision
- Identifying all potentially liable parties
- Collecting and preserving critical evidence
- Working with expert witnesses
- Calculating the full extent of your accident-related losses
- Negotiating with insurance companies
- Taking your case to trial if necessary
Attorney Richard Rizk’s background as a former insurance defense representative gives our firm a direct insight into how trucking companies and their insurers approach liability issues. We will use this knowledge to strengthen your case and counter their defense strategies. We prepare every case as if it will go to trial, which strengthens our negotiating position with insurance companies.
Our approach has led to significant results for our clients, including a $900,000 settlement for a commercial truck accident victim. But don’t just take our word for it. Here is just one of the many enthusiastic testimonials our clients have provided:
“Rizk Law was nothing but caring and professional and answered every question I had. They handled my case with care and always asked my opinion. If I need a lawyer in the future I will be back.”
Don’t wait to get the legal help you deserve. Contact Rizk Law today for a free consultation to discuss your truck accident case and learn how we can help you seek the compensation you need to move forward.