How to Know Who Is Liable in a Truck Accident: Determining Fault and Responsibility

Determining who is liable in a truck accident is critical for all parties involved, as the outcomes of such incidents can cause substantial pain, suffering, and financial strain. At Hurt Trucker Attorneys, we understand the multifaceted nature of these unfortunate events, whether they involve commercial trucks or other large vehicles. We have spent over 40 years delving into the specifics of each case, proving our dedication to securing fair compensation for our clients.

As experienced truck accident lawyers, we recognize the importance of thorough investigations to establish liability. Truck drivers often face unique challenges on the road, and when an accident occurs with a commercial vehicle, the stakes are high. The involvement of commercial trucks requires dealing with trucking companies, which often have their team of lawyers and insurance companies ready to defend their interests.

At Hurt Trucker Attorneys, we are committed to providing exceptional client service and bringing our extensive experience to bear on every truck crash case we handle. We are well-versed in the details of truck accident law and are here to guide our clients through these trying times, ensuring their rights are upheld and their needs are met.

Understanding Truck Accidents

Truck accidents are complex events, often involving severe consequences, and understanding who is most liable for a truck requires a deep knowledge of various factors. Commercial truck accidents stand apart from passenger car incidents in terms of the damage and fatalities they may cause due to big rigs’ sheer size and weight. It’s our job to untangle these complexities.

The Role of Commercial Trucking Regulations

Regulations are stringent in the trucking industry. The Federal Motor Carrier Safety Administration sets the standards for operation, and non-compliance can lead to accidents. For example, driver error, such as fatigue or falling asleep at the wheel, is a significant concern for trucking company employees. 

Hence, stringent laws like the Hours of Service (HOS) rules (49 CFR Part 395) are crafted to mitigate fatigue by setting limits on driving hours, demonstrating a notable improvement in safety.

Cargo Load Guidelines

Cargo load must also adhere to specific guidelines, as improper loading can lead to mishaps. In the case of an accident, analyzing if the cargo was secure is vital. Furthermore, distracted driving remains a prominent cause of accidents. Whether it’s a semi-truck with a commercial driver’s license or someone behind the wheel of a passenger car, each party’s responsibility is critical in determining liability.

Personal injury law comes into play when those involved suffer injury or, worse, wrongful death. We at Hurt Trucker Attorneys have dedicated over 40 years to helping our clients navigate their legal battles. From personal injuries that cause pain and financial hardship to seeking justice post-accident, our experience ensures we offer the utmost support.

Common Causes of Truck Accidents

In our extensive practice, we have seen that truck accidents are often the result of specific, preventable circumstances. Identifying the cause of commercial truck accidents is crucial for determining liability and helping our clients receive the justice they deserve. These causes often include:

Driver Error

Truck drivers sometimes make errors due to fatigue or inadequate training, leading to severe accidents. Research shows a strong connection between driver fatigue, insufficient training, and the frequency of truck accidents. 

A Federal Motor Carrier Safety Administration (FMCSA) study revealed that 13% of commercial motor vehicle (CMV) drivers were deemed fatigued during their accidents. Our firm and legal team emphasize the importance of thorough investigation to pinpoint any instances of negligence.

Mechanical Failures

Essential components like brakes and tires are prone to wear and can only succeed with regular inspections and proper maintenance. For example, according to the NHTSA, tire failures alone cause approximately 11,000 vehicle accidents yearly in the US. 

This underscores the crucial need for consistent inspection and upkeep of these components to promote safe driving practices. At Hurt Trucker Attorneys, brake failure and tire blowouts are significant factors we examine when evaluating a case.

Cargo-Related Issues

Incorrect loading by cargo loaders or carrying hazardous material requires strict adherence to safety standards. The Department of Transportation (DOT) in the United States issues regulations through the Federal Motor Carrier Safety Administration (FMCSA) that govern the safe loading of cargo. 

These rules emphasize the importance of proper load distribution, secure cargo fastening, and mandatory training for hazardous materials handlers. This underscores the crucial role these guidelines play in accident prevention and ensuring the safety of the cargo and the individuals involved in its transport.

Weather and Road Conditions

Weather and road conditions are also critical, as they can unexpectedly impact driving safety. Our clients rely on us to account for every angle, ensuring proper training and safety measures were in place during the accident. We aim to methodically uncover the cause to effectively advocate for our clients.

Determining Liability in Truck Accidents

In the complex realm of truck accident litigation, determining who is legally responsible often requires a thorough investigation into the multitude of factors that may contribute to a truck accident victim. At Hurt Trucker Attorneys, we have over 40 years of experience untangling these factors to ensure our clients receive the compensation they deserve.

Negligence plays a pivotal role in truck accident claims. Whether it’s an at-fault driver or trucking company whose lapse in attention caused a catastrophic event or a company that failed to adhere to federal regulations, we meticulously scrutinize every detail to establish fault.

Several entities can be held liable, including:

  • Truck Drivers: Truck drivers may be liable for violating traffic laws or driving irresponsibly.
  • Trucking Companies: Trucking companies could face liability for inadequate training or wrongful employment practices.
  • Loading Company: The loading company might be responsible if an improper load contributed to the accident.
  • Safety Inspectors: Safety inspectors are accountable if they overlook a critical issue during an inspection.
  • Manufacturers: Manufacturers and parts makers may hold product liability if a component failure leads to the incident.

The evidence supporting a truck accident claim is diverse and can bolster a personal injury settlement. Evidence often includes:

  • Black box recordings: These can reveal the final moments before an accident.
  • Logbooks: They provide insight into a driver’s hours and compliance with regulations.
  • Maintenance records show how well the truck was cared for and if any mechanical failures were ignored.
  • Eyewitness accounts: First-hand observations are invaluable for reconstructing the incident.
  • Medical records and bills: Documentation that establishes the extent and cost of injuries.

Collecting this evidence promptly and effectively is crucial. At Hurt Trucker Attorneys, our clients receive unparalleled service as we gather robust supporting documentation to maximize their claims for damages.

Legal Challenges in Truck Accident Cases

We encounter a mesh of intricate legalities in a trucking accident and accident litigation. At Hurt Trucker Attorneys, we have extensive experience navigating through the maze of liability, evidence, and complex regulations that truck accident cases involve.

Here are some of the common legal challenges to be tackled in truck accident cases:

  • Identifying Liable Parties: Determining liability is not just about the truck driver. Often, numerous parties could be liable, such as the trucking company, manufacturers, and sometimes even third-party logistics providers. We meticulously sift through the details to ascertain who’s responsible—whether due to negligence or a breach of duty.
  • Navigating Regulations: Both state and federal regulations significantly impact truck accident liability claims. Our thorough understanding of these laws ensures we can mount a strong case and that every regulatory detail is noticed.
  • Dealing with Insurance Companies: Insurance companies are adept at reducing settlements. Armed with our extensive experience, we ensure that our client’s rights to fair compensation are aggressively defended, factoring in property damage, medical expenses, and other financial hardships caused.
  • Offering Comprehensive Support: From gathering insurance information to advising on legal options, we advocate fiercely for our clients’ interests. Whether seeking justice through a lawsuit or negotiating settlements, our goal remains constant: helping our clients receive the comprehensive compensation they deserve.

Our commitment is to offer unparalleled representation and secure legal remedies for our clients to move forward from these problematic incidents.

How Hurt Trucker Attorneys Can Help

At Hurt Trucker Attorneys, we understand the complex nature of trucking accidents and their profound impact on our clients’ lives. Our team, with nearly half a century of experience, represents injured truckers and securing the compensation they deserve. Here’s how we can aid in your case:

  • Assessment of Your Rights: We ensure truck accident victims know their rights to seek compensation for their losses.
  • Investigative Expertise: With extensive investigative resources, we meticulously determine liability, which is crucial in truck accident cases.
  • Legal Representation: Our proven track record speaks to our commitment and success, whether negotiating with insurance companies or representing clients in court.

Your Path to Justice Starts Here with Hurt Trucker Attorneys

At Hurt Trucker Attorneys, we’re not just your legal representatives; we’re your advocates. If you’ve ever experienced a truck accident lawyer or been involved in a truck accident, don’t hesitate to get in touch. Please schedule a consultation with us to discuss your truck accident case, and let’s start the journey toward the justice and compensation you are owed.


How long do I have to file a claim after a truck accident?

Missouri law provides a limited timeframe called the statute of limitations. Typically, you have five years from the accident date to file a personal injury claim. It’s vital to contact us promptly to ensure your rights are protected.