A fully loaded 18-wheeler can weigh up to 80,000 pounds. The average passenger car? About 4,000 pounds. When these two collide, the damage can be catastrophic—and someone is almost always at fault. But who? That’s where things get complicated in truck accident claims.
Fault in a truck accident isn’t always obvious. You may think the truck driver is to blame, and in many cases, they are. But in others, it could be the trucking company. Or a parts manufacturer. Or even a third-party logistics provider. Getting a fair 18 wheeler accident settlement often depends on identifying all liable parties—and holding them accountable.
Let’s break down how liability is determined, who may be responsible, and what steps to take when filing a truck accident claim.
What Determines Fault in a Truck Accident?
Liability in a truck accident depends on one thing: negligence. That means someone failed to do what a reasonable person (or company) would have done—and their failure caused the crash.
Here’s what lawyers and insurance investigators look at when determining fault:
1. Driver Behavior
Was the truck driver speeding, distracted, or driving under the influence? Driver error is a leading cause of truck accidents. In fact, 87% of large truck crashes are caused by driver-related factors, according to the Federal Motor Carrier Safety Administration (FMCSA).
Other behaviors that can lead to fault:
- Driving while fatigued (violating Hours of Service rules)
- Tailgating
- Improper lane changes
- Failure to inspect the truck before driving
2. Vehicle Maintenance Records
Trucking companies must keep their vehicles in safe condition. Brake failure, tire blowouts, or steering problems often point to poor maintenance. If logs show skipped inspections or overdue repairs, that’s strong evidence of negligence.
3. Cargo Loading
Overloaded or improperly secured cargo can shift during transit and cause the driver to lose control. If the load wasn’t balanced or secured according to federal safety standards, the party responsible for loading the truck could be liable.
4. Logbooks and Black Box Data
Federal law requires commercial trucks to use Electronic Logging Devices (ELDs). These devices track speed, braking, and hours driven. After a crash, this data can reveal if the driver was speeding or in violation of rest rules.
5. Road and Weather Conditions
Bad weather doesn’t excuse reckless driving. Truck drivers must adjust their speed and behavior to conditions. If they don’t, it may strengthen a claim that they acted negligently.
Who Are the Potentially Liable Parties in a Truck Accident?
One key difference between car and truck accident claims: multiple parties may be responsible. Here’s who could be on the hook in a truck crash:
1. The Truck Driver
Drivers can be held personally liable if their negligent or reckless behavior caused the crash. That includes distracted driving, speeding, or breaking traffic laws.
2. The Trucking Company
Often, the company that employs or contracts the driver can be held liable under a legal doctrine called respondeat superior—which means employers are responsible for actions taken by employees while working. Trucking companies can also be directly liable if:
- They failed to conduct background checks
- They forced drivers to work beyond legal limits
- They ignored vehicle maintenance issues
3. The Truck Owner (If Different from the Company)
Sometimes, the truck is owned by one party, driven by another, and maintained by a third. If the owner failed to keep the truck safe or allowed an unqualified driver behind the wheel, they could share fault.
4. Maintenance or Repair Contractors
If a mechanic or third-party repair service performed shoddy work that contributed to the crash—say, improperly installed brakes—they could be liable.
5. Cargo Loaders or Shippers
Improperly secured cargo is a common cause of truck rollovers or jackknife accidents. If the company responsible for loading the trailer cut corners or violated regulations, that’s a potential liability.
6. Parts or Vehicle Manufacturers
Sometimes a crash is caused by defective brakes, tires, or other truck components. In those cases, the company that made the faulty part—or even the vehicle manufacturer—may be responsible under product liability laws.
7. Other Drivers
In multi-vehicle collisions, another driver’s actions could have caused the truck to crash. For example, if a car swerved in front of a truck and slammed the brakes, that driver may be partly or wholly responsible.
Why Identifying All Liable Parties Matters
In large truck accidents, the injuries—and the medical bills—can be severe. According to the National Safety Council, over 117,000 people were injured in large truck crashes in 2021. Victims often face long-term disability, lost income, and expensive rehabilitation.
That’s why it’s so important to identify all sources of compensation. If you only go after the driver, you may be missing larger pockets—like the trucking company’s insurance policy, which may carry $1 million or more in coverage. A good personal injury lawyer will look at every angle to build a strong case and maximize your 18 wheeler accident settlement.
What to Do if You’ve Been in a Truck Accident
If you’ve been injured in a crash with a commercial truck, here’s what you should do next:
- Get medical care immediately, even if injuries seem minor
- Document everything—photos of the scene, vehicle damage, injuries, etc.
- Get contact information for witnesses and all involved drivers
- Don’t talk to the trucking company’s insurance rep before speaking to a lawyer
- Consult with a truck accident attorney to start building your claim
Truck accidents involve state and federal regulations, complex insurance policies, and aggressive legal teams. Going it alone can put your recovery—and your financial future—at risk.
Talk to a Truck Accident Lawyer Today
Liability in a truck accident isn’t always simple. It takes a sharp legal eye, investigation, and experience with trucking regulations to hold the right parties accountable.
At Mike Slocumb Law Firm, we help injury victims get real answers and real results. If you’re thinking about filing a truck accident claim, don’t wait. Contact our team now to discuss your case and explore your options. The consultation is free—and we don’t get paid unless you do.
Call today or fill out our online form to get started.