Truck accidents are often the result of negligence. However, determining fault in a truck accident can be more complex than it appears. Semi-trucks and big rigs are usually not personal vehicles; the driver is not always to blame. Commercial trucking companies that own or hire out the truck are often legally responsible for their safe operation.
When Is the Driver Responsible?
Even with a truck in perfect working order, it won’t matter if the driver acts recklessly or unsafely. Common driver-related causes of truck accidents include:
- Exceeding the speed limit on most 4-lane and super two-lane highways;
- Operating under the influence of alcohol or drugs;
- Driving longer than the federal “hours of service” regulations for commercial motor carriers allow;
- Ignoring traffic laws and signage;
- Not maintaining a safe distance from other objects;
- Not allowing adequate stopping distance, especially at night, on secondary roads, or in hilly or curvy areas;
- Failing to keep windows and mirrors clean;
- Not securing the load properly and failing to inspect the truck regularly.
For example, a truck driver speeding in a densely populated area may not react in time to avoid a sudden stop in traffic, leading to a rear-end collision. Understanding the common causes of truck accidents can help prevent such incidents and improve road safety for all.
Who Employs the Truck Driver?
Identifying the driver’s employment status is vital if they are responsible for the accident. Many truck drivers are independent contractors hired on a job-to-job basis. In such cases, an accident victim may seek compensation from the driver and their insurance provider rather than the trucking company.
![Who's at Fault for a Truck Accident [and how a truck accident lawyer can help] 1](https://oklahomalawyer.com/wp-content/uploads/2020/11/semi-truck-looking-into-sunset-300x200.jpg "Who's at Fault for a Truck Accident (and how a truck accident lawyer can help) 6")
Under Oklahoma law, the employer may be vicariously liable for the accident if a large trucking company employs the driver. Vicarious liability applies when an employee commits a negligent act within the scope of their employment. The trucking company may also be held responsible if it fails to provide proper training or safety instructions for delivering specific cargo.
Who Owns the Truck?
Truck drivers are not always at fault for accidents. The truck may have a defect that the trucking company failed to identify or repair. For instance, if the brakes were not maintained, the driver might have been unable to stop. In such cases, the manufacturer of the defective part could be liable.
How Can a Car Accident Lawyer Help Determine Fault in a Truck Accident?
A lawyer builds the case by examining evidence such as witness statements, police reports, and accident reconstructions. Their experience ensures the responsible party is held accountable and you receive the compensation you deserve. It’s essential to be honest with your attorney, as undisclosed evidence could harm your case if your attorney cannot review it and counteract the defendant’s arguments.
Which Other Parties May Be at Fault?
Third parties, such as another driver who caused the truck driver to lose control or the company that hired the truck for transporting dangerous cargo, may also be at fault. Investigating a truck accident involves considering numerous potentially liable parties, highlighting the need for a skilled Oklahoma City truck accident lawyer experienced in handling complex cases. Contact Hasbrook & Hasbrook at (405) 605-2426 for a free consultation with one of our attorneys today. Recent truck accident statistics highlight the importance of addressing these complex liability issues to improve road safety.
FAQs
What should I do immediately after a truck accident?
After a truck accident, ensure your safety and that of any passengers by moving to a safe location if possible. Call 911 to report the accident and seek medical attention for any injuries. Document the scene with photos and gather contact information from witnesses. Contacting a truck accident lawyer to discuss your legal options is also advisable.
How long do I have to file a claim after a truck accident in Oklahoma?
In Oklahoma, the statute of limitations for filing a personal injury claim is two years from the accident date. It’s essential to consult with a lawyer as soon as possible to ensure your claim is filed within this timeframe.
Can I claim compensation if I was partially at fault for the truck accident?
Yes, Oklahoma follows a comparative negligence rule, which means you can still recover damages if you were partially at fault, as long as your fault is not more than 50%. However, your compensation will be reduced by your percentage of fault.
What types of compensation can I recover in a truck accident lawsuit?
Victims of truck accidents may recover damages for medical expenses, lost wages, pain and suffering, property damage, and, in some cases, punitive damages designed to punish the at-fault party for particularly reckless behavior.
How is fault determined in a truck accident case?
Fault in a truck accident case is determined by examining evidence such as the accident scene, vehicle damage, witness statements, police reports, and video footage, if available. Expert witnesses, like accident reconstruction specialists, may also provide insights into how and why the accident occurred.
What role does the trucking company play in a truck accident case?
The trucking company may be liable if the accident was caused by negligence, such as failing to maintain the truck, improper loading, or noncompliance with federal and state regulations. An experienced truck accident lawyer can help identify all liable parties, including the trucking company.
Can I sue the truck manufacturer or its parts if they contributed to the accident?
Yes, if a defect in the truck or one of its components contributed to the accident, you might have a product liability claim against the manufacturer. This requires showing that the defect was present and directly contributed to the accident and your injuries.