Determining the Responsible Party in a Truck Accident

If you have been involved in an accident with a semi-truck, you may have quickly discovered how murky the situation can be. It is especially confusing trying to determine who to hold responsible for the accident. Read on to learn more about determining responsibility and liability in such accidents. 

1. The Truck Driver, Trucking Company, and Insurance Carrier

In 2018, statistics showed that accidents resulting in a fatality involving large trucks had increased by 3% from the year prior. Further, pedestrians and bicyclists involved in an accident with a large truck that resulted in a fatality increased by 4% and 10%. Truckers often experience fatigue from making regular long trips, which can cause accidents with other drivers.

Unfortunately, determining the at-fault party can be tricky. It is not as simple as expecting the trucker to shoulder all the blame. It may be easy to assume that a legal doctrine known as respondeat superior applies, which means the employer is responsible for the actions of their employees. In other words, the company that employs the truck driver would assume responsibility for the accident and provide you with compensation if you are entitled to receive any.

However, there are situations in which respondeat superior may not apply. In some instances, a trucker is an independent contractor rather than a direct employee of the company. In such instances, the truck driver would be the one to assume legal and financial responsibility for the accident.

Keep in mind that many independent contract truckers will carry insurance on their semi-truck. On the other hand, the company that hires the contract driver will carry separate insurance to cover the trailer and cargo. When that happens, you will find that multiple parties are involved in the accident.

The water becomes even murkier when you look closer into the reason behind the accident. For example, if there was an issue with the cargo loader, the cargo loader may be the one to bear responsibility. If the truck itself experienced a malfunction, the truck manufacturer may then be the one to blame and hold responsible.

2. Not as Simple as Exchanging Insurance Information

When you are involved in an accident with another common passenger vehicle, you will often exchange insurance information. Although the driver of a semi-truck will trade insurance information with you, it does not mean that filing a claim with that insurance company will net you the compensation you seek, particularly to cover your medical expenses.

In your situation, you may need to go after one party for property damages to your vehicle, and another party for the expense of any injuries you received. For the average person, a situation involving more than one responsible party can become both confusing and frustrating. Without proper help, you could lose out on the compensation you are entitled to.

3. Hiring a Truck Accident Lawyer

Your best bet is to seek legal representation as soon as possible from a qualified truck accident lawyer. An experienced lawyer can effectively determine who is responsible for providing you with compensation. Also, a lawyer can tackle the case more quickly than if you tried to tackle the case on your own. Even experienced lawyers can sometimes go through months or even years of legal battles. Therefore, fighting the case on your own could take far longer and leave you empty-handed if not handled properly.

Contact services like Bradley Drendel & Jeanney near you to learn more about receiving compensation. A lawyer will ensure that the amount you receive is fair based on the severity of the accident, your injuries, and the damages to your vehicle.