Accidents involving semi-trucks can result in devastating consequences for victims and their families. Determining who is liable in a truck accident can be complex when a collision occurs. At D’Amore Law Group, we understand how overwhelming this process can be and are here to help. With decades of experience and a deep commitment to justice, we focus on helping victims pursue a truck accident lawsuit to secure the compensation they deserve.
Understanding Truck Accident Liability
One of the first questions after a truck accident is, Who is liable? Unlike car accidents, where liability often lies with one of the drivers, truck accident liability can involve multiple parties. This complexity is due to the various entities involved in operating and maintaining a commercial truck. Some potential parties that could be held responsible include:
- The truck driver. Driver error, such as distracted driving, fatigue, or speeding, is a common cause of truck accidents. According to the Federal Motor Carrier Safety Administration (FMCSA), in 2021, at least one driver-related factor was recorded for 32% of the large truck drivers in fatal crashes.
- The trucking company. Trucking companies are responsible for hiring qualified drivers, maintaining their fleet, and ensuring compliance with federal regulations, including those outlined in the FMCSA regulations. If they fail in these duties, they may share liability.
- The cargo loader. Improperly loaded or secured cargo can cause accidents. FMCSA regulations specifically outline the responsibilities of the carrier and driver regarding cargo safety.
- The manufacturer. If a defective truck part, such as faulty brakes or tires, contributed to the accident, the manufacturer could be liable. The National Highway Traffic Safety Administration (NHTSA) regularly investigates such defects.
Understanding truck accident liability requires a thorough investigation into the cause of the crash. At D’Amore Law Group, we have the experience and resources to uncover the truth and identify all responsible parties.
Common Causes of Truck Accidents
Truck accidents can occur for various reasons, many of which are preventable. Common causes of these accidents include:
- Driver fatigue. Federal regulations, such as the Hours of Service (HOS) rules, limit a truck driver’s hours on the road. Fatigued drivers may have slower reaction times and impaired judgment.
- Improper maintenance. Commercial trucks must be regularly inspected and maintained to ensure safety. According to FMCSA data, brake problems are a factor in 29% of truck accidents.
- Distracted driving. Activities like texting, eating, or using a GPS while driving can distract truck drivers and increase the risk of accidents. According to the National Highway Traffic Safety Administration (NHTSA), in 2022, over 3,300 lives were claimed by distracted driving.
- Weather conditions. Trucks require longer stopping distances, especially in adverse weather. Failure to adjust driving habits for road conditions can lead to collisions.
Understanding the root cause of the accident is critical for building a strong case. Our attorneys work diligently to uncover every contributing factor.
Steps to Pursue a Truck Accident Lawsuit
Pursuing a truck accident lawsuit can feel daunting, but having a knowledgeable legal team by your side makes all the difference. Here are the steps involved:
- Seek immediate medical attention. Your health and safety come first. Prompt medical care creates a record of your injuries, which is crucial for your case.
- Consult a truck accident attorney. An experienced attorney, like those at D’Amore Law Group, will evaluate your case, explain your legal rights, and outline your options.
- Investigate the accident. Our team will gather evidence, including police reports, witness statements, black box data, and maintenance records, to determine liability.
- File a claim. We will file a claim against the liable parties and negotiate with insurance companies to seek a fair settlement.
- Prepare for trial. If we cannot reach a settlement, our trial attorneys will be ready to fight for you in court.
Each of these steps requires meticulous attention to detail and thorough documentation. By following this process, we ensure that your case is as strong as possible, giving you the best chance of achieving a favorable outcome.
Who Is Liable In a Truck Accident? The Importance of Expert Witnesses
Expert witnesses are often pivotal in truck accident cases, as they provide specialized knowledge and insights that help clarify complex aspects of the incident. For example, accident reconstruction specialists analyze evidence to determine how and why a crash occurred, relying on FMCSA guidelines and physical data to build a detailed picture of the events leading up to the collision.
Medical experts contribute by explaining the full scope of injuries sustained offering insights into treatment, recovery, and long-term impacts. On the other hand, industry experts focus on whether trucking industry standards and FMCSA regulations were followed, often identifying negligence in hiring practices, maintenance, or compliance.
These testimonies help connect the dots, offering compelling evidence to support your case. We collaborate with a trusted network of experts, ensuring their insights strengthen your case and maximize your chances of a favorable outcome.
Why Choose D’Amore Law Group?
At D’Amore Law Group, we bring compassion, expertise, and relentless advocacy to every case we handle. With over 30 years of experience, Tom D’Amore and his team have successfully represented countless victims of truck accidents in Oregon and Washington. Tom is a semi-truck accident attorney certified by the National Board of Trial Advocacy (NBTA)—a testament to our dedication and skill in truck accident litigation.
When you work with us, you are not just a case number. We understand the emotional, physical, and financial toll a truck accident can take, and we are committed to securing justice for you and your family.
Contact Us Today
If you are facing the aftermath of a truck accident, do not navigate the legal process alone. Contact D’Amore Law Group today to schedule a free consultation. Let us help you hold the responsible parties accountable and secure the compensation you deserve.
Resources
- Code of Federal Regulations, 49 CFR Part 395: Hours of Service of Drivers – Link.
- National Highway Traffic Safety Administration, Dangers of Distracted Driving – Link.
