Various kinds of big trucks are classified as commercial vehicles, including delivery trucks, semi-trucks, tractor-trailers, and tanker trucks.

If you've been hurt in a collision with a commercial truck, you should know: The truck driver's employer and others may be liable for your losses. State and federal regulations can assist in proving the driver was at fault for the accident.

Who is legally responsible for a truck accident?

Commercial truck accidents are far more sophisticated than the average vehicle accident claim. In a normal two-car accident, you may be able to sue the at-fault driver and submit a claim with your insurance carrier.

In a commercial truck accident, you will most likely be able to pursue claims against more people and companies, including:

Truck drivers, their employers, truck owners, cargo owners, loaders, and truck repair companies. Not all commercial vehicle accidents include all of these factors. For example, some truck drivers work as independent contractors and own their own large trucks. (Learn more about employers and independent contractors below.)

Truck Driver's Liability
Commercial vehicle accidents happen for a variety of causes. Other accidents are caused by equipment failures, others by poor road design or weather conditions, and some by driver error. For example, a truck driver may exceed the speed limit in order to get to the next truck stop quickly, shift lanes dangerously, or hit a stopped car in traffic. Drivers who are drowsy or drunk with drugs or alcohol are more likely to make mistakes and cause accidents.

If the trucker who hit you was negligent (careless), you may file an injury-related insurance claim or lawsuit against the motorist following the accident. You should also check into other possibly accountable parties, such as the truck driver's employer.

Following a vehicle accident, a person who has been injured or has had their automobile damaged can write a demand letter seeking compensation. What you (or your attorney) say in the letter will depend on the specifics of your accident, but there are some demand-letter fundamentals you should keep in mind. You can view an example demand letter for an accident in which the victim sustained serious injuries.

Is the truck driver's employer liable?

An employer may be held liable for a truck driver's accident under the legal principle of respondeat superior, which means "let the master answer." According to this argument, if an employee was working in the employer's best interests at the time of the accident, the employer could be held accountable for their actions.

However, trucking businesses regularly attempt to avoid culpability by arguing that the driver is a freelancer rather than an employee, or that the driver was not on duty at the time of the accident.

Let's go further into these arguments.

Is the driver considered an employee or a self-employed contractor?

Laws vary by jurisdiction, but to demonstrate that a driver is an employee of the trucking firm rather than an owner-operator of a rig, consider how much influence the company has over the trucker's schedule and ability to engage in contracts with other trucking companies. You should also investigate how the trucking company rewards the driver and who is responsible for the truck's registration, permit, and insurance.

Courts and insurance companies will ask these and other questions to determine how much culpability to assign to the driver and trucking firm.

For example, if a truck driver uses his own truck, buys his own gasoline, pays for his own liability insurance, and assumes the cost of repairs, is paid on a "per route" basis, and receives no perks from the trucking firm, he is most likely an independent contractor. However, if the trucking business leases the truck from the driver, obtains the required permits, and supervises the driver's routes, the firm is most likely liable for any truck-related incidents.

When do drivers act within the scope of their employment?

To hold a trucking company responsible, the truck driver must be an employee who was working for the company at the time of the accident. Courts usually look at:

Consider the employee's intent at the time of the accident, their behavior, the type of work for which they were hired, the employer's reasonable expectations, and their level of autonomy in completing obligations.

For example, if a truck driver rear-ends you while making a delivery, the driver's company is most likely liable for your accident-related losses because the truck driver was acting "within the scope of employment" at the time of the crash. But suppose a truck driver leaves work early to attend a basketball game and smashes you outside the stadium. The driver's employer will argue that the corporation is not liable for the driver's carelessness since the driver was not acting "within the scope of employment" when the accident occurred.

How Does Liability Work with Self-Driving Trucks?

So-called "autonomous vehicles" are more common. If you are involved in an accident with a self-driving truck, you should understand how this affects your legal choices. If the vehicle's self-driving computer system caused (or contributed to) the accident, you may be eligible to file a product responsibility claim. For example, a firm may be held accountable if it contributed to an accident by creating flawed software or failing to properly manufacture or install the system's hardware.

However, in many aspects, autonomous vehicle crashes entail the same legal regulations as any other truck accident.

A self-driving truck will most likely have a human on board who is responsible for taking over in the event of a problem. This person (and their employer) may be responsible if their negligence contributed to an accident.

You and your attorney must assess whether you have legal rights against the truck's owner or any other corporation that is responsible for the vehicle and its cargo.

How Can Multiple Defendants Affect a Truck Accident Lawsuit?

When the plaintiff files a personal injury lawsuit against multiple defendants, they may have equal responsibility for damages or only be responsible for the portion they caused.

For example, a weary driver and the producer of bad tires may share partial blame for an accident. You can sue both the driver (or the driver's company) and the tire manufacturer. To achieve a settlement or have the jury decide at trial, the defendants must first determine their share of fault.

What if the driver's actions were intentional?

Employers are often not held accountable for deliberate torts (such as assault) perpetrated by their workers. Employees are often not acting "within the scope of employment" when they hit consumers in the face or steal credit card information.

So, if a truck driver strikes you because you are sleeping with the truck driver's spouse, the trucking company is unlikely to be held responsible.