Who Is Liable In A Truck Accident Case? (June 2025)

Who Is Liable in a Truck Accident?

If you ask most people which party is liable in a truck accident, they’ll likely say the truck driver. This is true in most cases. However, the trucking industry is complex and has many moving parts. Often, the truck driver is not the only party responsible for the crash. These are some of the other entities that could be found liable:

Trucking Companies

When their employees cause accidents, trucking companies are often named in lawsuits. This is thanks to the principle of vicarious liability, which holds that if one party acts as an agent (like an employee) for a principal party (like an employer), the principal party is legally liable for the actions of the agent.

However, in some cases, a trucking company exhibits additional negligence. These are some common examples:

• Failing to properly screen applicants to ensure they have safe driving records
• Pushing employees to skip legally mandated breaks
• Failing to have their trucks properly maintained
• Failing to adequately train new drivers before sending them out on the road

Pressuring truckers to skip breaks is especially common, and it puts everyone on the road at risk — including the truckers themselves. The Federal Motor Carrier Safety Administration (FMCSA) requires truck drivers to take breaks at specific intervals.

The purpose of these breaks is to ensure the truckers are well-rested enough to be alert behind the wheel. Unfortunately, some trucking companies value fast delivery more than safety, and they might suggest or outright demand that their drivers ignore these breaks.

Loading Companies

Loading a truck involves more than simply putting cargo in a trailer. If a truck’s load is off balance, it may cause the truck itself to lose balance, jackknife or tip over. Similarly, if a load is not properly secured and moves while in transit, the driver may lose control of the truck and cause an accident.

If an attorney investigating your truck accident lawsuit finds that the crash was caused by an improper loading technique, the trucking company and the truck driver may not be liable. In this instance, your lawyer would likely amend the lawsuit to focus exclusively on the loading company.

Truck Manufacturers and Truck Part Manufacturers

While not common, mechanical failures and defective truck parts can sometimes cause serious truck accidents. If an investigation of the crash reveals that a problem with the truck or one of its parts caused the accident, the manufacturer of the truck (or the part) could be held liable.

For example, defective tires can sometimes cause blowouts, and sudden blowouts may lead the driver to lose control of the truck. If your lawyer hires an investigator who determines that a defective tire led to the crash, the tire manufacturer may be added to the lawsuit.

Depending on the other circumstances of the case, multiple parties could be liable. Your attorney may or may not decide to pursue legal action against the trucking company and the truck driver as well.

Maintenance Companies and Repair Shops

Many trucking companies hire separate businesses to perform repairs and regular maintenance on their trucks. While the trucking company should thoroughly vet any maintenance company before signing a contract, even seemingly reliable companies can make errors.

If a truck has a mechanical failure due to a faulty repair (not a defective part), the company contracted to perform the maintenance work may be held liable. If your personal injury lawyer has reason to believe the trucking company was negligent as well, the trucking company may still be named in your lawsuit.

What if Multiple Parties Caused the Truck Accident?

In instances when multiple parties caused the collision, you may be able to file claims against all of them. This gives you the chance to maximize your claim.

Because there could be many liable parties, it’s always essential to speak with an attorney and avoid settling quickly with an insurer.

In serious collisions, it’s common for insurance companies to make low offers very quickly, but that’s never in your best interests. Your lawyer can help you establish all of the negligent parties you can file against.

How Does an Attorney Determine Truck Accident Liability?

Truck accident attorneys are faced with the difficult task of determining which of the above parties may be responsible for your accident. A skilled attorney will conduct a thorough investigation to determine who is liable in a truck accident, and they will often look at the following:

Accident Reports

The initial police report should contain valuable information about the accident and how it occurred. In more severe crashes involving injuries or fatalities, the incident may also be classified as a DOT recordable accident. This designation triggers additional reporting requirements for the carrier and can provide attorneys with federally documented evidence that helps establish the seriousness of the crash and potential liability.

Traffic Camera Footage

Unfortunately, not all truck accidents are caught on camera. If yours is, it may make proving your case that much easier.

Truck Driver Logs

Your lawyer may examine the company’s driver logs to ensure the involved driver was compliant with laws requiring breaks.

Maintenance Records

Maintenance records for the truck can indicate whether the truck was regularly maintained and reflect any recent repairs.

Accident Reconstruction Expert Reports

It isn’t unusual for a truck accident attorney to hire their own accident reconstruction expert. The expert will often examine black box data from involved vehicles, visit the scene of the crash and create a detailed report of what likely happened.

Steps to Take After a Truck Accident

To help yourself have an easier time getting a fair personal injury settlement, you will need to have plenty of evidence that shows the injuries you suffered. Medical records are essential, and you can start by calling medical services to the scene of the accident.

Sometimes, people don’t even realize they were injured in a crash. Shock and adrenaline can dull pain, which delays your treatment. Paramedics will also be able to notice more complex injuries like traumatic brain injuries or internal bleeding, which you may not realize you’ve suffered until hours or days later.

Just as you would during auto accidents, you should also get the police to the site of the crash. You will need a copy of the report they write to file a claim, so make sure to offer as many details as possible when you speak with law enforcement.

You’ll need to exchange information with the truck driver, but keep that conversation as short and civil as possible. Getting into an argument in the middle of the road doesn’t help anyone and could actually hurt your claim later on.

Unless you need to go to the hospital for medical care, make sure to take pictures of the vehicles and gather any other available evidence. Speak with witnesses, too, and get their contact information.

Whether you’re relying on your personal injury protection insurance or your state allows you to file against the other party’s coverage, you need to let your own insurer know that you were in a crash. Keep this conversation short, too.

The next thing you should do is to speak with an attorney. They can guide you as you begin your claim.

Have You Been Hurt in a Truck Accident?

If you’ve just suffered major injuries in an accident with a commercial truck, you might feel like your life has been turned upside down. Compensation cannot undo your accident or your injuries. However, it may cover medical bills and replace wages you lost while healing.

Seeking medical care should be your top priority right after an accident. However, you should contact a truck accident lawyer as soon as you can. Not sure how to find an attorney? ConsumerShield is here to help.

We match people like you with qualified attorneys who can assist with their legal needs. Fill out our contact form below and get started with a free case review.