Can I File a Lawsuit After a Semi-Truck Accident—and Who Is Responsible?

Liability 101: Trucking Companies, Drivers, and Other Parties

To be “liable” means to be legally responsible for something that happened. When we discuss liability in an 18-wheeler crash, we are focusing on holding the people, companies, or parties who committed a negligent action accountable for their mistakes. 

The foundation of any personal injury claim is establishing that a party had a duty of care, breached that duty, and that breach directly caused the victim’s injuries. In the complex world of commercial vehicle accidents, identifying all breaches of duty is a critical first step.

To correctly determine who is liable for your injuries, you need to develop a complete picture of the crash events and all contributing factors. 

Due to the size and weight of large commercial vehicles, many factors can contribute to a crash, and it is common to find multiple parties responsible. The sheer number of regulations governing the trucking industry—known as the Federal Motor Carrier Safety Regulations (FMCSRs)—means there are many distinct duties that can be violated.

A Katy, TX truck crash attorney can begin by thoroughly investigating the situation to establish the chain of events and any regulatory violations. This investigation centers on several key areas of potential failure, including driver conduct and company oversight.

Driver Negligence and Carrier Accountability

The most immediate focus is often on the semi-truck driver. Determining responsibility requires looking into whether the driver was driving responsibly or if their actions constituted a breach of duty. This includes evaluating if they were operating the vehicle while drowsy, driving while distracted, or were otherwise not paying attention to the road or conditions. The investigation also reviews the driver’s complete record, including any prior instances of dangerous behavior.

Equally important is the accountability of the trucking company, or the motor carrier. These companies have extensive responsibilities, ranging from maintenance to personnel management. The investigation must uncover if:

• The company was pushing the driver to work more than is healthy and safe, potentially violating federal hours-of-service rules.
• The truck’s electronic records—such as data from the Electronic Logging Device (ELD) and the truck’s “black box” (Event Data Recorder)—show any evidence of misconduct, such as speeding or hard-braking events.
• The company upheld every necessary maintenance protocol correctly (for example, verifying brake and tire condition).

It is common for multiple issues to cause a crash involving a commercial vehicle. For example, a trucking company may pressure its drivers to drive farther and rest less, resulting in the driver making costly mistakes behind the wheel to meet unreasonable quotas. That same company may also ignore essential parts that need to be maintained, creating a systemic failure that directly leads to the accident.

Expanding the Circle of Responsibility

In addition to the trucking company and its driver, other parties may also bear full or partial liability for the crash. Assigning responsibility to these third parties requires demonstrating how their specific failure contributed to the accident.

Maintenance and Repair Facilities: The company that performs maintenance or repairs on the truck can be liable if it incorrectly services the vehicle. If a mechanic improperly adjusted the brakes or failed to identify a known mechanical defect during a routine inspection, and that failure led to the crash, the repair facility could be held accountable.

Parts Manufacturers: A manufacturer of the truck, its components, or its tires can be held liable if the crash was caused by a mechanical or parts failure due to a defect in design or manufacturing. If the truck’s tires had a structural flaw or the brake system was inherently prone to failure, the company that made those components could be a party in the claim.

Cargo Loaders: The person or company responsible for loading the large truck’s cargo is also frequently investigated. If the cargo was improperly secured, was overloaded beyond legal limits, or was distributed unevenly, it could shift during transit. A shifting load changes the truck’s center of gravity, making it unstable and difficult for the driver to control, often leading to a catastrophic jackknife or rollover accident.

Other Parties: This list can also include another driver on the road at the time of the crash, or the truck driver’s spotter or co-driver if they failed to perform their duties adequately.

The Legal Process and Multiple Claims

When there is more than one person or company responsible for a crash, it means there will be multiple insurance carriers and legal defense teams involved in the resulting claim or lawsuit. Multi-party litigation dramatically increases the complexity of the case, as each liable party and their insurer will attempt to shift the blame to others.

A lawyer who focuses on these types of cases is an invaluable resource for injured people. A legal practice familiar with commercial vehicle law can conduct a prompt, thorough investigation to secure crucial evidence before it is lost or destroyed. This includes issuing legal demands to the trucking company to preserve the vehicle, the electronic data, and the driver’s records. Handling the case against multiple opposing firms and their insurance companies requires clear, tenacious advocacy to ensure that every liable party contributes fairly to the victim’s compensation.

Your Truck Accident Case Gets More Complicated if the Driver Is an Independent Contractor

Hiring a driver as an independent contractor is common among trucking companies because if the contracted driver causes a crash, the company won’t be held accountable for its mistakes behind the wheel. However, how these laws affect your case depends on your unique situation, including factors like if the driver had their own truck and insurance, how much the trucking company was able to influence the driver’s actions, and more.

If the driver of the truck who hurt you was a contractor, or if you don’t know if they were an employee or not, don’t wait to contact an attorney.

Filing a Commercial Truck Accident Claim or Truck Accident Lawsuit

After a trucking accident, most people start their journey to recovery by filing an insurance claim with the insurance company. You’ll deal with an insurance adjuster while you navigate this process. This person is an insurance company employee, and their job is to settle your claim as quickly as possible. However, the adjuster isn’t allowed or qualified to give legal advice that would help you make a good decision, so if you don’t have a clear understanding of the value of your truck accident injuries and who should be responsible for the wrongdoing, it can be all too easy to get taken advantage of.

At this point in the process, many injured people choose to hire a truck accident lawyer. An attorney can handle negotiations and communications with the insurance company and demand fair compensation. If the company refuses to offer a fair settlement offer amount, an attorney can help you initiate a lawsuit against the liable parties, whether that’s the trucking company, the trucker, or someone else.

Without Action, Evidence Might Disappear After a Trucking Accident

To understand the full scope of the vehicle accident (and to uncover any corporate wrongdoing) you must act quickly. Trucking companies can legally erase the data from dashcams and electronic logs within a certain time frame. However, filing an insurance claim or lawsuit prevents them from doing so without risking getting in a lot of legal trouble. Even surveillance footage from nearby gas stations or other public cameras captured the event could be erased within a few days unless you act fast to protect it.

An experienced attorney will be an incredible resource to you and your family if you need to understand what happened and preserve the evidence that proves it. Not only do we understand the complex process and how to navigate the legal system, we also know how to protect and support our clients as they begin to recover and heal. Your recovery shouldn’t be a fight. You deserve to heal in peace.

When you come to us right away after a crash, we’ll get to work doing what we do best: holding wrongdoers accountable.

To Understand What Happened and What to Do Next, You Need to Talk to a Personal Injury Lawyer

When it comes to determining liability in your truck crash claim, there is no better resource than speaking with a truck accident attorney. Our team knows the Greater Katy area and Texas, because this is our home. We’ve fought and won for countless people that we call neighbors and friends, and it’s our honor to be part of your recovery. We are committed to doing what’s right by our clients, no matter what.

When you come to us after a crash, our legal team will make sure you understand the truck accident claim process, your options, and what to do next—especially if your claim is complex, you’re suffering from serious injuries, and there are multiple people or companies who made mistakes that hurt you or your loved one. To learn more about our firm, our approach, and how we can help, please don’t hesitate to give our office a call, or send us a message. We would love to speak with you.

Hurt in a Texas Crash? Will Adams Law Firm Is Ready to Support You

Your case matters to us. We’re ready to speak with you about what happened in a private, no-strings-attached consultation. To schedule your time with our team of personal injury attorneys today, please call our office at 1-800-559-0593, or fill out our contact form.

We look forward to speaking with you!

The content provided here is for informational purposes only and should not be construed as legal advice on any subject.