Due to the weight and size of large commercial vehicles, truck accidents can have devastating consequences. These cases are complex, and it’s not uncommon for multiple parties to share truck accident liability. At Johnson and Taylor, our Salem truck accident attorneys help personal injury clients throughout Oregon understand their rights and options for recovering compensation. We explain how multiple parties may be liable after a crash.
Truck Accident Cases are Complex
Cases involving commercial trucks are very different from auto accident claims, as car crashes typically involve a couple of vehicles and maybe only one or two insurance policies. Multiple entities are typically involved in the operation of a semi-truck, which means that more than one person or organization could be liable if their negligence caused an accident. In addition to the driver, the trucking company, maintenance company, shipping and lading company, parts and vehicle manufacturers, and others may be liable in a truck accident.
Establishing Fault After a Truck Accident
Determining fault and assigning truck accident liability is challenging. It requires extensive investigation, collection of relevant evidence, and legal acumen. Evidence that can be used to demonstrate fault can include accident reports, cell phone records, electronic logging device (ELD) data, and witness testimony. A truck accident lawyer may also hire experts such as accident reconstructions to determine how a crash happened and who is at fault. The experience and knowledge of our personal injury attorneys with a track record of success winning truck accident liability claims is invaluable in these types of cases.
Potentially Liable Parties in Truck Accident Cases
The Truck Driver
In many cases, truck drivers are primarily responsible for accidents. Factors such as reckless driving, distraction, driver fatigue, or operating a truck while under the influence of alcohol or drugs can be major contributors to truck accidents. If a driver fails to follow Federal Motor Carrier Safety Administration (FMCSA) guidelines, such as how many consecutive hours they can be on the road, they could be liable for damages.
The Trucking Company
The trucking company that employs a driver, including the driver’s own company if they are self-employed, may also be liable for damages after an accident. For example, if the company failed to provide adequate training to drivers, enforce safety protocols, or properly maintain vehicles, they could be deemed negligent and held responsible for damages.
Mechanics and Maintenance Providers
Shoddy repair work or poor maintenance of commercial trucks can be a danger to everyone on the road. If a mechanic or maintenance provider didn’t properly inspect or repair a truck and it led to mechanical failures that caused an accident, they may be liable for damages.
Vehicle or Parts Manufacturer
Defective design, parts or components, or manufacturing can contribute to truck accident liability. If defective tires, brakes, steering, or other truck parts malfunction and cause an accident, the manufacturer, designer, and even the parts supplier could be on the hook for damages.
Shippers and Cargo Loaders
When cargo is improperly loaded or secured, fatal accidents can occur. Poor loading practices can cause a truck to become unbalanced and tip over or result in cargo falling off onto the road. A shipper or cargo loading company may be liable for damages if failed to properly secure the load or adhere to weight limits and a truck accident occurs.
Government Agencies
Design defects and poor road maintenance can also contribute to serious truck accidents. If a crash occurs due to improper road maintenance, bad signage, or traffic signals, or because the agency or municipality failed to take care of known hazards, they may be liable for damages. However, many government agencies enjoy special protections from liability and have strict processes for filing claims against them, so it’s vital to consult a truck accident lawyer in Oregon before initiating a claim.
Other Negligent Drivers
In some instances, other drivers on the road may also contribute to truck accidents. Sudden lane changes, distracted driving, speeding, and failure to yield are just a few negligent behaviors that can play a role in crashes.
What to Do If You’ve Been Injured in a Truck Accident
It’s important to know what to do to protect your rights after a truck accident involving multiple parties. Trucking companies and their insurers may send investigators to the scene. Drivers and trucking companies have insurance policies with high limits and will do anything they can to avoid truck accident liability and large payouts.
Do not give a statement, answer any questions, sign anything, or accept a settlement without speaking to our truck accident attorneys first. We can evaluate your case, conduct our own investigation into the crash, identify potentially liable parties, and pursue all possible sources of compensation on your behalf. If you’ve lost a loved one in a fatal accident, our attorneys can determine whether you may have a viable wrongful death claim.
Our truck accident lawyers in Salem, OR know how to accurately value your claim and provide straightforward legal advice you can trust. We don’t make empty promises about gigantic settlements, but we do fight to hold negligent parties accountable and help you get the maximum compensation you need and deserve.
Contact a Truck Accident Lawyer in Salem, Oregon
At Johnson and Taylor, we know that the trauma of being hurt in a truck accident can be life-changing. Our compassionate, tenacious team is here for you. In addition to litigating personal injury cases, we handle probate and estate planning, and divorce and family law matters. To schedule a free consultation with a truck accident attorney in Salem, OR, contact us online or call 503-990-6641. We can meet with you at home, by phone, or via Zoom if your condition makes it difficult to travel. Our personal injury attorneys serve clients in Salem, Eugene, Bend, the Oregon Coast, Medford, and throughout Oregon.