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Who Can Be Held Liable in a Semi-Truck Accident?

Who Can Be Held Liable in a Semi-Truck Accident?

Shapiro Law Team July 25, 2022 Trucking Accidents

If you or a loved one is involved in a semi-truck collision, don’t assume that the trucking company will be held responsible. The truth is that several parties can be held accountable for the collision. In the event of an accident with a commercial truck, an experienced litigator can help you navigate your next steps.

Learn who can be held liable for a semi-truck accident below.

What to Do After a Semi Truck Accident

After a semi-truck collision, you may be unsure what to do. Here’s what you should do:

  1. Call the police
    Don’t let the at-fault party talk you out of contacting the police. Calling the authorities is essential to securing an official and detailed scene report.
  2. Seek medical attention
    This is not the time to act tough. Get a medical evaluation for yourself and any passengers in the vehicle. Refusing medical attention makes it hard to prove that you sustained injuries from the collision.
  3. Document the evidence at the scene
    If you’re uninjured, be sure to take pictures of the scene. This could support your claim for unsafe conditions, lack of signage, and other forms of negligence. You’ll also need the following information:
    The trucker’s name, home address, phone number, and email address
    The trucker’s insurance company and policy number
    The trucker’s license number
    The name and contact information of the truck driver’s employer and trucking company
    The truck’s license plate number
  4. Get the contact information of witnesses
    Bystanders who stop to help can recount the events that took place. While you don’t need to get a statement, getting their information could help your case.
  5. Get your vehicle assessed
    Don’t get your vehicle repaired right away. All repair estimates and photos of the damages should be a part of your insurance claim.
  6. Watch what you say
    Don’t apologize or admit fault in any way, even if you’re just being nice. Everything you say can and will be used against you.
  7. Get legal representation
    When you’re in a truck accident, you deserve justice. While you may not have the time, energy, or strength to advocate for yourself, the attorneys at Shapiro Law Team will fight on your behalf.
    We’re truck accident lawyers specializing in commercial and semi-truck accidents. Request your free legal consultation today.



Who Can Be Liable in a Semi-Truck Accident

Multiple parties can be deemed responsible for commercial truck negligence. A full investigation will analyze evidence to determine what happened and why.

Accountable parties may include:

  1. Truck Driver
    The trucker may be responsible for the collision due to reckless driving or other negligent behavior. In addition, the driver is obligated to inspect all components of the cargo to ensure safe transport. The trucker may only hold partial responsibility if a mechanical or cargo error occurs.
  2. Carrier
    The trucking company is responsible for ensuring the rig and driver abide by FMCSA regulations. This includes certifications, training, and driving practices. Sometimes, the carrier will encourage drivers to push boundaries on truck maintenance, bypass inspections, or bend the FMCSA’s rules to fulfill more deliveries.
  3. Shipping Company & Cargo Loaders
    If there’s a malfunction with the cargo, the cargo originator, shipper, loader and transporter may each be found as contributors to the semi-truck accident. To prove negligence, legal counsel will subpoena each person.

Other responsible parties may include:

  • Vendors the carrier hired for outsourcing
  • Truck manufacturers
  • Passenger vehicle drivers
  • Government agencies
  • Construction workers
  • Vehicle parts manufacturers

How Can a Personal Injury Lawyer Determine Liability in a Semi-Truck Accident?

Commercial accident claims aren’t as simple as they seem. Insurance companies will do everything in their power to avoid taking responsibility for the negligence of their client. Therefore, a lawyer is tasked with the duty of proving the following:

  • The at-fault driver failed to drive safely and responsibly
  • The at-fault driver violated the duty of care procedures
  • Negligence led to serious/long-term injuries
  • Faulty components or inspection contributed to the accident

Finding fault in a commercial truck accident is all about gathering enough evidence to validate your claim. This is why acquiring documentation should start as soon as possible. A skilled attorney will gather the following:

  • Surveillance (from traffic systems or nearby homes and businesses)
  • Vehicle black box
  • Cell phone records
  • Criminal reports post-incident

What if Multiple Parties Caused the Truck Accident?

All liable parties should be held responsible. Their collective negligence contributed to your injuries, discomfort, and property damage.

When you have multiple at-fault parties, you’ll have to reach a settlement agreement with all of them. The court will require proof that each party:

  • Owed you a duty of care
  • Breached that duty
  • Committed actions that caused your injuries
  • You suffered damages because of your injuries

Contact David Shapiro Law Team

In need of a personal injury lawyer? The Shapiro Law Team can help. We’ll build a compelling case, negotiate on your behalf, and obtain a settlement so you and your family can move past this unfortunate incident. If you’re seeking professional counsel, request a free consultation or stop by our Scottsdale office today.

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