A truck collision can leave you with injuries that prevent you from returning to work. Lost wages and rising medical bills may add to the strain.
If a truck accident has caused you severe injuries, you may wonder who should answer for the damage. Understanding each party’s role could help you identify potential sources of compensation.
Responsibility may extend beyond the driver
Liability could rest with anyone whose negligence or defective product caused your injuries. An employer generally answers for an employee’s negligence while carrying out job duties. This principle is called vicarious liability.
Beyond that connection, other parties may face claims when their own actions contribute to your injuries. They include:
- Truck drivers: Speeding, distraction, impairment or fatigue may establish negligence. Your claim needs to connect that conduct to the collision.
- Trucking companies: Besides answering for employee conduct, a carrier could face claims for its own failures. Some examples include unsafe hiring or schedules that encourage dangerous driving.
- Businesses that own or rent out trucks: An owner or lessor might ignore a known equipment hazard. A claim could follow when that problem causes injury.
- Maintenance providers: Faulty brake repairs or missed inspections can lead to equipment failure. A shop could bear responsibility when its work contributes to the crash.
- Cargo loaders and shippers: Those handling freight might overload the trailer or leave items unsecured. A shifting load could then cause a rollover.
- Truck and component manufacturers: A defective steering system, tire or other part can cause a wreck. That defect could justify a product liability claim.
- Government entities and road contractors: Unsafe road design or work zones could contribute to a crash. Liability may depend on the agency’s or contractor’s duties and available defenses. Claims against public agencies also involve different filing procedures.
- Drivers of other vehicles: An unsafe lane change might force the truck to swerve. The motorist who caused that movement could share fault.
An investigation can help narrow this list to the parties whose conduct or products contributed to your injuries.
Evidence connects responsibility to compensation
Your claim needs evidence connecting each party’s actions to your injuries. Investigators often check driving logs, inspection records and cargo documents. For instance, dispatch messages might show pressure to drive despite warnings about fatigue.
Those findings may also affect compensation when you share responsibility. In Washington, comparative fault rules reduce compensation by your share of blame. You can still recover even when your fault exceeds 50%. For example, 20% fault would reduce a $100,000 award to $80,000.
How you can prepare for a claim
Start by keeping your medical bills, wage records and correspondence together. A family member could organize these materials while you attend appointments. You can also note the assistance you need with household tasks.
This account of your losses could give you a basis for reviewing a settlement offer. An attorney may assess future expenses and explain how the proposed terms address your long-term needs.