Who is Liable After a Commercial Vehicle Accident?

If you have been hurt in a commercial vehicle accident and you were not at fault, you can file a claim against the negligent, or liable, party. If you are successful with your claim, you can recover damages for your medical expenses, lost income, and other losses. Before filing a claim, of course, you have to identify the liable party.

Accidents involving commercial vehicles are vastly different from those involving passenger vehicles. Typically, when passenger vehicles are involved in a crash, it is fairly easy to determine what caused it and who is at fault. This is not the case when a commercial vehicle causes an accident. While the negligent party may be the driver of the commercial vehicle, there may be others to blame, as well. These parties may not even be at the scene of the crash.

The Driver of the Commercial Vehicle

Drivers of commercial vehicles can cause an accident just like any other motorist on the road. Commercial vehicle drivers often drive while impaired because they believe it will help them stay awake and meet their tight deadlines. Or, a commercial vehicle driver may violate the federal hours of service rule for the same reason. Commercial vehicle drivers also have many systems within their vehicles they have to manage, and they eat on the go, which may mean they drive while distracted.

Regardless of the negligent act, if a commercial driver caused a crash, you can file a claim against them to recover compensation. Even if the driver of the commercial vehicle is liable, there are still often other parties you can file a separate claim against.

The Company that Owns the Commercial Vehicle

Companies that own commercial vehicles typically employ the drivers who operate them. As employers, companies of commercial vehicles can be held liable for the actions of their employees. Due to this, even when the commercial driver acted negligently, the company can still be found at fault.

Companies that own and operate commercial vehicles also sometimes provide incentives to their employees if they are willing to violate federal law. For example, a company may provide a bonus to a driver who is willing to stay on the road longer than the law allows or to alter log books to show false information. Companies may also fail to follow the law themselves, such as neglecting to have their vehicles properly inspected and maintained, which can cause a serious crash. Companies may also hire drivers without making sure they are experienced and qualified, or they may not provide drivers with proper training.

When any of the above are true, the company that owns the commercial vehicle can be held liable. Going up against these big companies is never easy. It is always recommended that you work with a Baton Rouge truck accident lawyer who can subpoena records and use other legal tools to collect evidence to support your case.

Manufacturers

All manufacturers have a legal duty to make sure their products are free of defects and safe to use, including those that make commercial vehicles and the parts within them. Unfortunately, manufacturers often take shortcuts to increase their profits, and when they do, the equipment they create contains defects.

Determining when a manufacturer is liable for an accident is not easy. Additionally, going up against big manufacturers can be even more challenging than filing a claim against the company that owns the vehicle. A lawyer will know how to prove defective equipment caused a crash and how to hold the manufacturer liable.

Mechanics and Repair Shops

Sometimes, companies will make sure their commercial vehicles are properly inspected and issue maintenance orders or submit service requests for them. At this point, the company has fulfilled its legal obligation to provide a duty of care. However, any party that works on the commercial vehicle also has a legal duty to make sure they perform maintenance properly. When they do not and sloppy work results in an accident, mechanics and repair shops can be held liable.

Cargo Loaders

Third-party cargo loading companies are sometimes used when loading different goods onto a commercial vehicle. In many cases, the goods being shipped are toxic and dangerous. In these instances, cargo loaders have a duty to inform drivers of commercial vehicles about the nature of the dangerous materials. When they fail to do this, the cargo could spill and result in serious injuries.

For example, if a commercial vehicle contains flammable liquids and it is not loaded and secured onto the vehicle properly, or the driver is not informed about the dangerous goods, it can result in a very serious accident. Burns, smoke inhalation, and other catastrophic injuries can result. In these instances, cargo loaders can be held responsible for paying any damages that result.

Government Entities

Sometimes, the liable party in a commercial vehicle accident is not the driver, owner of the vehicle, or even a manufacturer. In some cases, government entities are to blame for a crash. This is the case when a government entity fails to properly maintain roads, repair missing or broken signs, or implement a poor road design.

When government entities are liable for an accident, you can still file a claim against them for damages. However, these claims have unique challenges. The timeline for filing a claim is generally shorter, and there are different procedural rules to follow.

Our Truck Accident Lawyers in Baton Rouge Can Determine Liability

If you or someone you love was hurt in a crash involving a commercial vehicle, our Baton Rouge truck accident lawyers are here to help. At Big River Trial Attorneys, our experienced lawyers will conduct a full investigation to determine which party is liable for paying damages and hold them accountable for paying the full and fair settlement that is yours. Call us now at (225) 963-9638 or reach out to us online to request a free consultation with one of our knowledgeable attorneys and to learn more about how we can help with your case.