Who Can Be Held Liable After a Commercial Truck Crash?
If you have fallen victim to a commercial truck accident, you may be eligible to recover medical expenses, lost wages, and vehicle repairs. Legal recovery will depend on your ability to present evidence against the liable party or parties and to justify your damages. This is no easy process, but it is possible with the assistance of our Gettysburg truck accident lawyers. At DiLoreto, Cosentino & Bolinger P.C., we take pride in every personal injury case, whether that means negotiating a settlement or preparing for trial.
Truck Driver
In some cases, the truck driver can be held directly liable for negligence, including speeding, distracted driving, driving under the influence, fatigued driving, or breaking a traffic law. Available evidence will provide further information on the cause of the crash. For example, a truck driver who violated the hours-of-service (HOS) regulations may be found liable for drowsy driving.
Trucking Company
Many times, the most significant source of liability, the truck company, can be held liable through the principle of either respondeat superior or direct negligence. Under respondeat superior, employers are generally responsible for the actions of their employees when they are acting in the scope of their employment. There is an important nuance: the trucking company cannot be held vicariously liable if the driver was performing a personal errand. Given this, trucking companies will often argue that the driver was acting outside the scope of their duties. On the other hand, the trucking company could be held directly liable for inadequately training drivers, imposing strict schedules that lead to burnout, or neglecting routine vehicle maintenance.
Maintenance Contractor
Trucking companies rely on maintenance shops and mobile repair contractors to keep their trucks in working order. A maintenance contractor may be held liable if a defective repair caused the accident or if a missed inspection contributed to the crash.
Parts Manufacturer
If a mechanical failure or a defective component caused your crash, the fault may reside with a parts manufacturer. Common defects include steering issues, brake malfunctions, and tread separation (which can lead to a blowout). Since different manufacturers may supply different parts, multiple manufacturers may be held responsible.
Cargo Loader
A cargo loader could be a warehouse worker, freight handler, or a store associate who handles loading cargo, typically hired by the company shipping goods. The cargo loaders bear responsibility for making sure that cargo is properly secured and that loads are balanced.
Other Motorists
In some situations, another motorist may share liability. This could occur if another motorist is speeding, cuts the truck off, or brakes suddenly without warning.
What Happens if I Am Found Partially at Fault?
If you are found partially liable, under Pennsylvania’s comparative negligence law, you can recover as long as your own share of fault does not exceed 50 percent. Here, your recovery will be reduced by your percentage of fault. For example, if you file a bodily injury claim for $30,000 but are found 40 percent at fault, you will only recover $18,000. If your percentage of fault is 51 percent or greater, you will be barred from recovery.
Preserving Black Box Data
Sadly, the insurance company is inclined to assign greater fault than is justified. Commercial truck accidents offer various pieces of information not available in motor vehicle crashes, including “black box” data. Directly wired into the engine’s computer, the “black box” data records the truck’s speed, braking, and throttle usage. If the truck driver has something to hide, the “black box” is sure to reveal their oversight. To ensure that evidence is preserved, our Gettysburg truck accident lawyers will send a spoliation letter requiring that the evidence remain preserved.
Reach Out to Our Gettysburg Truck Accident Lawyers Today
Given the sheer size and mass of a commercial truck, serious injuries are likely to occur in a collision. Many times, accident victims are left with thousands of dollars in damages. At DiLoreto, Cosentino & Bolinger P.C., we believe that the liable party should pay for their wrongdoing. To schedule your consultation with one of our Gettysburg truck accident attorneys, contact the office online or by phone at (717) 496-0070 today.