Can a Trucking Company Be Responsible for Damages?

Multiple parties may be held liable for a truck accident. In many cases, both the truck driver and the trucking company (among others) may be responsible for injuries and damages. Establishing trucking company liability can be difficult, which is why it is crucial to consult a Phoenix truck accident lawyer as soon as possible.

At Burg Simpson, we conduct in-depth investigations of semi-truck accidents and collect all relevant evidence. This enables us to identify all of the defendants and prepare a strong truck accident claim on your behalf.

Do not assume that the truck driver is the only one at fault. Proving trucking company liability is key for holding all parties accountable for the accident and obtaining the full compensation you deserve.

Get a FREE and confidential case evaluation with a Phoenix truck accident lawyer. Call Burg Simpson at 602-777-7000 today. Our truck accident lawyers serve clients throughout Arizona.

Who Is Liable in a Commercial Truck Accident?

Liability is a complex issue in truck accident claims. Multiple parties are involved in transporting cargo from one place to another, so it follows that more than one party may be liable in the event of an accident.

Unlike a car accident claim—where liability is generally limited to the drivers involved—truck accidents may be caused by parties other than the driver. That is why a complete investigation should be performed by a knowledgeable trucking accident lawyer as soon as possible.

The liable parties in a truck accident claim may include:

• The truck driver
• A commercial carrier or trucking company
• The owner of the truck or the trailer
• Companies responsible for maintaining the truck
• The shipper and/or cargo loader
• Manufacturers of defective parts and components

Liability may also extend to other parties who contributed to the accident. This may include the careless driver of another vehicle, a government entity that fails to maintain or repair the roadway, and others.

Strong evidence is required to pinpoint who is at fault for a commercial truck accident. An experienced attorney can ensure that all liable parties are included in your accident claim.

Are Truck Drivers Responsible for Damages?

Truck drivers may be responsible for damages if they cause an accident through negligence. Examples of negligence include speeding, unsafe turns and lane changes, driving while distracted or fatigued, alcohol and drug use, etc.

Like all motorists, commercial truck drivers are required to obey the rules of the road for the states in which they drive. They must also follow the federal trucking regulations. A Phoenix truck accident lawyer will compare the driver’s actions against the applicable laws and regulations to determine if negligence was a factor.

The elements of negligence are:

• Duty of Care: The truck driver had a legal obligation to act in a way that did not threaten the victim’s safety.
• Breach of Duty: An error on the part of the driver breached the duty of care owed to the victim.
• Causation: Actions constituting a breach caused the accident resulting in the victim’s injuries.
• Damages: Finally, the victim suffered compensable physical, mental, and financial losses. These are known as damages.

Was the truck inspected before traveling? Did the trucker violate the hours of service rules? The answers to these and other questions are essential for determining whether the truck driver is responsible for damages from the accident.

Read More: Who Is At Fault for a Truck Accident in Phoenix?

What Is Vicarious Liability?

Vicarious liability is a legal theory that imposes responsibility for damages on an employer for the negligent actions of an employee. For trucking company liability to apply, the accident must have occurred within the course of the driver’s employment duties.

Some truck drivers own and operate their rigs, in which case they are likely classified as independent contractors. Truck drivers who work for a trucking company may be classified as employees. In the latter case, the trucking company may also be liable for damages from a truck accident caused by a company driver.

Can You Sue a Trucking Company for Negligence?

Driver error is the direct cause of most trucking accidents. However, the negligence of the trucking company may also be a factor. It is not uncommon for both the truck driver and the carrier to be liable for a truck accident.

There are multiple scenarios where a trucking company may be sued for negligence, including:

• Negligent hiring, such as failure to conduct background checks
• Inadequate training of drivers
• Negligent supervision of drivers
• Pressuring drivers into unrealistic schedules
• Retaining drivers who pose a threat to others
• Failure to maintain trucks in their fleet
• Negligent loading and improper securement of cargo

Errors on the part of a truck driver may be relatively apparent through eyewitness testimony,  crash reports, and your own account of the accident. Negligence on the part of a trucking company is not so easy to prove.

An experienced Phoenix truck accident lawyer will act quickly to preserve evidence at the scene and request critical documents from the trucking company. Thorough review of employment records, company policies, internal communications, maintenance records, and other documentation may reveal that the carrier’s negligence contributed to the truck accident.

How Do I File a Claim Against a Trucking Company?

Both truck drivers and trucking companies are required to have liability insurance to pay for bodily injury and property damage in the event of an accident. Truck drivers may have their own insurance and/or be covered through their employer’s public liability insurance.

Filing a truck accident claim is similar to other legal actions involving motor vehicle accidents. The main difference is that you may seek damages from multiple defendants, each represented by a different insurance company.

Obtaining fair compensation for a truck accident can be an uphill battle. Steps you should take when filing a trucking accident claim include:

1. Report the accident to the police as soon as possible.
2. Seek medical attention for your injuries.
3. Keep detailed records.
   Ideally you were able to take photos, talk to witnesses, and get information from the truck driver at the scene. During your recovery, you should take notes about your condition, hold onto any bills and receipts, and document the effects on your ability to work.
4. Report the accident to your insurance company.
5. Consult a skilled truck accident lawyer right away.

Get Help Proving Trucking Company Liability

You are likely to face significant difficulties if you try to handle a truck accident claim on your own. Defendants and insurance companies have a big advantage in these matters, and they will employ no end of tactics to dispute liability and undercut your case.

Hiring a Phoenix truck accident lawyer is the best way to protect your rights. An attorney who is well-versed in truck accident litigation knows how to navigate complicated issues of liability and prove negligence on the part of the truck driver, trucking company, and other defendants.

Your truck accident lawyer will also fight for maximum compensation in your case. The damages in a truck accident claim are often substantial, and trucking companies and insurers are eager to pay as little as possible. A proven lawyer will seek all of the damages you are due—even if it involves going to trial.

Contact Burg Simpson Today

As Good Lawyers. Changing Lives.®, Burg Simpson makes the well-being of our clients a priority. We combine the personalized approach of a small, local law firm with national strength and resources. This allows us to explore your legal options thoroughly, build a strong case, and fight to hold all parties liable for your damages.

Call Burg Simpson at 602-777-7000 to speak with a truck accident lawyer in Phoenix, Arizona. Your initial consultation is FREE, and you do not pay fees unless we obtain a favorable result.