Determining Liability in Trucking Accidents: Driver vs. Company

Trucking accidents can be complex and multifaceted, often involving a myriad of factors that can impact liability. While the primary responsibility may fall on the driver, it is important to understand that the trucking company, the truck manufacturer, road designers, maintenance departments, and even the King of England (as a farcical example) can be held responsible. The core issue often revolves around the condition of the vehicle and the driver's actions at the time of the accident.

The Role of the Driver

Drivers are often held responsible for improper driving, including speeding, inattention, or other reckless behavior. These actions can clearly blame the driver for the accident. However, it is essential to consider any external factors that may have contributed to the incident. For instance, if the truck was not roadworthy due to neglect, failure to perform regular inspections, or inadequate maintenance, the truck owner might be held liable. Ensuring logs, DVIRs, and any other relevant documentation are maintained properly can be crucial in establishing the driver's accountability.

The Role of the Trucking Company

Trucking companies are primarily responsible for the maintenance and upkeep of their vehicles. Companies that fail to properly inspect, repair, or maintain trucks can be held liable, even if the driver's actions contributed to the accident.

Investigation and Documentation

Regardless of who is primarily responsible, the investigation process is thorough and involves multiple parties. The DOT often investigates fatal accidents, while state authorities handle all others.

Procedural Steps:

Urine Tests: The driver must pass a urinalysis within 24 hours of the accident. Anything that could affect the driver's performance, such as medication or food in the truck, will be checked for.

Log Checks: Driver Vehicle Inspection Reports (DVIRs) and other relevant logs will be examined.

Physical Exams: A thorough physical examination can reveal any medical issues that may have contributed to the accident.

Photos and Witness Statements: Collecting visual evidence and names of witnesses can be invaluable in establishing a clear understanding of what happened.

Pro tip: Take as many photos as possible at the scene. Photos can serve as powerful evidence, especially when it comes to insurance claims or legal proceedings.

The Truck Itself

Investigators will also review the truck for any mechanical issues. Companies with clean DVIRs are lauded, but failure to document problems can lead to liability. Consistent and accurate documentation of maintenance and repairs can help mitigate claims of negligence.

Other Contributing Factors

Four wheelers (cars, motorcycles, etc.) involved in accidents with trucks are often blamed for the incident. According to the DOT, nine out of ten incidents between four wheelers and trucks are the fault of the four wheeler. However, this does not necessarily exonerate the truck driver or the company entirely. It is important to consider all contributing factors to make an informed assessment of liability.

Protecting Yourself

Truck drivers and companies involved in accidents should consider legal representation. A good attorney can help navigate the complexities of the legal system and ensure that responsibility is assigned appropriately. It is crucial not to lie to your attorney; doing so can severely damage your case.

Drivers should maintain detailed records, work with their companies to ensure proper documentation, and seek legal advice before any official investigation begins. Liability determinations are complex, but with proper preparation and documentation, a just outcome is more likely.