Collisions between a car and a semi-truck are often far more devastating for those in the smaller vehicle than for anyone in the truck. Those who are fortunate enough to survive their injuries often face long, arduous recoveries.
This often involves multiple surgeries, extensive physical therapy and possible permanent disability that may require drastic lifestyle changes – including the inability to continue working.
It’s often hard to know in the early days or weeks after a serious collision what kind of financial (let alone emotional) toll the injuries will take. That’s why it’s important not to agree to an early settlement, no matter how tempting that might be, until you can determine not just how much money you have a right to seek but also who the liable parties are.
Even if the semi-truck driver is to blame, there may be other parties that bear some responsibility. It’s not uncommon for multiple parties to pass the buck to avoid having to make a large payout.
When can drivers be held liable?
If a driver was under the influence, distracted or driving recklessly, they can be held liable civilly and possibly criminally. They may also be liable if they were responsible for the maintenance of the truck and lack of proper maintenance caused the crash. Often, however, carriers are responsible for maintenance of their trucks.
When else are carriers liable?
The carrier (the company that owns the truck) also has some responsibility for ensuring that their drivers are fit for the job. For example, they’re responsible for making sure their drivers have the necessary training and licensing.
Carriers are also responsible for complying (and requiring their drivers to comply) with safety regulations, like the Hours of Service (HOS) regulations intended to ensure that drivers aren’t on the road for too long without sufficient rest time. If a driver who caused a crash wasn’t in compliance with those regulations, a carrier can be held liable.
Other potential sources of liability could include the following, depending on what contributed to the crash:
- The truck manufacturer
- The cargo company
- The shipping company
If the crash was caused by an unrepaired and/or unmarked road hazard, a government entity could potentially have liability.
As you can see, determining whom you can recover compensation from after a collision caused by a semi-truck or other commercial truck – and getting those parties to take responsibility — can be complicated and often frustrating. That’s why seeking legal guidance should be an early priority for victims and their families.