The overwhelming majority of motor vehicle accidents are caused by some sort of human error. It is fairly easy to identify the negligent party when a car crashes after running a red light or while traveling at a speed well in excess of the posted limit but establishing the cause of an accident involving a semi-tractor trailer can be a lot more difficult. Serious commercial vehicle accidents can be caused by negligent or reckless truck drivers, poorly maintained vehicles or improperly loaded cargo as well as external factors like adverse weather conditions or poor road surfaces, and it often takes a team of experts to figure out exactly what happened.
Truck Accident Investigations
Road users who suffer injury, loss or damage in a commercial vehicle accident may have to wait until experts have completed a thorough investigation before they can take action to pursue civil remedies. During a truck accident investigation, officials may:
- Inspect the wrecked commercial vehicle to look for signs of neglected maintenance or botched repairs.
- Check electronic hours of service records to find out if fatigue may have played a role.
- Conduct toxicology tests on the truck driver involved.
- Scrutinize wireless service records to ascertain whether or not the truck driver was using a mobile electronic device at the time of the crash.
- Retrieve information from the trucks data recorder to find out how fast the truck was traveling when it crashed and what steps the driver took to avoid a collision.
- Examine the truck’s cargo to make sure that it was properly loaded.
- Use advanced computer programs to recreate the accident.
Truck accident investigations can take weeks or even months to complete, but they usually reach firm conclusions regarding the cause of the crash and the party or parties responsible. Let’s take a look at some of the most common defendants in truck accident lawsuits.
Negligent Truck Drivers
About 87% of the accidents involving large trucks and buses are caused by a driver error of some sort according to the Federal Motor Carrier Safety Administration. When a truck driver causes an accident, their employer could be held responsible under the legal doctrine of vicarious liability as long as they were on the job at the time of the crash.
Trucking Companies
Semi-tractor trailers can weigh up to 40 tons, so the companies that operate them are expected to do all that they reasonably can to protect other road users. If they do not maintain their vehicles properly or hire unqualified drivers, they can be sued if their negligent actions lead to an accident.
Commercial Vehicle Maintenance or Repair Facilities
A truck maintenance or repair facility could be named as a defendant in a personal injury lawsuit if it failed to address safety issues during a routine service or used substandard parts to complete a repair.
Cargo Loading Companies
Cargo that is improperly loaded can shift during transit, which can make tractor-trailer difficult or impossible to control in emergency situations. If shifting cargo causes an accident, the company that loaded it could be held responsible.
Truck Manufacturers
A truck manufacturer could be sued if an accident is caused by a manufacturing or design defect. In California, the strict liability standard is applied in cases involving defective products. This means that the plaintiff does not have to establish that the manufacturer acted negligently.
Federal, State or Local Municipalities
A government agency could be held legally responsible for a truck accident caused by dangerous road conditions that it knew about or should have known about. An agency tasked with maintaining roads could be sued if a warning sign had been missing for weeks or months, and a police department could face litigation if an officer observed a truck being driven recklessly did nothing about it.
Sending a Spoliation Letter
If you are injured in an accident involving a large commercial vehicle, one of the first things you should do is send the trucking company involved a spoliation letter. This is a document that instructs the recipient to preserve important evidence. An attorney with experience in this area could draft a spoliation letter on your behalf and answer any questions you may have about pursuing a truck accident lawsuit.
