Who Is Liable in a Semi Truck Accident?

When you or a loved one is seriously injured in a semi truck accident, determining who (or what company) is liable for the accident is one of the first steps in the recovery process. While the truck driver or trucking company will be liable in most circumstances, this isn’t always the case, and you cannot afford to make any assumptions when it comes to asserting your legal rights. 

Determining who is liable in a semi truck accident requires a comprehensive investigation. This investigation should take place as soon as possible, and it should involve gathering evidence at the scene of the accident in addition to various other sources. Your lawyers will use the available evidence to assess why the accident happened, and then they will use this to determine who (or what company) is liable. 

7 Parties that May Be Liable in a Semi Truck Accident in Arkansas

With this in mind, who might be liable for a semi truck accident in Arkansas? Some of the main possibilities are:

1. The Semi Truck Driver

Many semi truck accidents are the result of truck driver negligence. If the truck driver is to blame for your (or your loved one’s) accident, then you may have a claim either: (i) under the truck driver’s insurance policy, or (ii) against the truck driver’s employer. 

Some semi truck drivers are owner-operators. This means they own (and insure) their own trucks and make deliveries for other companies. Other drivers work for trucking companies, retailers, and other businesses. In semi truck accidents involving negligent owner-operators, victims and their families can file liability claims against the driver’s insurance company. In semi truck accidents involving drivers who are employees, victims and their families can file claims against the driver’s employer.

2. The Trucking Company (or Other Truck Operator)

Along with liability for their drivers’ negligence, trucking companies and other businesses can also be held liable for their own negligence in some cases. For example, if a trucking company hires an unqualified driver, this could justify a liability claim against the trucking company. Or, if a retailer fails to adequately maintain its semi truck fleet, this could justify a claim against the retailer. There are various other possibilities as well.

3. The Shipping Company

Semi trucks often carry cargo containers that have been packed and shipped by other companies. If a semi truck accident results from an issue with the truck’s cargo, then the shipping company could be liable. Some examples of cargo-related causes of truck accidents include:

• Overloading a cargo container
• Improperly loading a cargo container with hazardous material
• Failing to properly balance a cargo container’s load
• Failing to properly secure the cargo in the container

4. The Truck’s Manufacturer

In addition to issues with a semi truck’s cargo, issues with a truck itself can also lead to serious and fatal accidents. If an issue exists when a truck leaves the factory, it may be classified as a “defect.” Truck manufacturers can be held liable for defect-related accidents under Arkansas law.

5. A Dealership or Maintenance Garage

If an issue with a semi truck doesn’t qualify as a defect, then it may be the result of negligent maintenance work or a negligent repair. When negligent service leads to a semi truck accident, the dealership or garage that performed the service can be held liable.

6. A Government Agency or Contractor

Along with cargo and truck-related issues, issues with the road can also lead to semi truck accidents in some cases. Negligent road construction, inadequate road maintenance, and dangerous road construction zones are just a few examples of road-related issues that can give rise to claims against government agencies and contractors after semi truck accidents in Arkansas.

7. Another Driver, Vehicle Manufacturer, or Third Party

Sometimes, semi truck accidents result from other drivers’ mistakes. Semi truck accidents can result from car and SUV defects, negligent car or SUV maintenance, and a variety of other issues as well. When evaluating your legal rights, it is important to consider all possible claims in order to make sure that you are seeking the maximum compensation available.

How Do You Prove Liability in a Semi Truck Accident Case?

At Oliver Law Firm, we understand that semi truck accidents can have a lasting impact on victims and their families. These cases are often far more complex than typical car accident cases: Injuries are often much worse due to the sheer size of commercial trucks, multiple parties can be involved, and trucking companies–and their insurers–act quickly and aggressively to shift blame and minimize their losses. If you or a loved one has been injured in a semi truck accident, you need to prove liability on behalf of the other party or parties in order to recover the compensation you deserve. This is not easy; it requires the knowledge, skills, and resources of an experienced truck accident lawyer.

To prove liability, our attorneys:

Gather Evidence at the Scene

The foundation of any successful case begins at the accident scene. Our legal team works to gather vital evidence, such as:

• Photos and videos: Capturing the scene is essential. We collect images of vehicle damage, road conditions, and any other visual evidence that can help reconstruct the events leading to the accident.
• Witness statements: First-hand accounts from witnesses can often provide critical insight into what happened. We ensure to document all witness information so their statements can be used to support your claim.
• Police reports: Law enforcement will often arrive at the scene and file a report that includes key details about the accident. These reports can provide an unbiased account of the events, which can help identify who was at fault.

Investigate Driver Error

In many cases, the driver of the semi truck may have contributed to the accident through negligence or recklessness. Some of the common factors we investigate include:

• Driver fatigue: Truck drivers are required by law to take rest breaks, but tight schedules can lead to violations. We examine logbooks and other records to ensure the driver wasn’t driving beyond legal limits, which could have contributed to the crash.
• Distracted driving: Just like any motorist, truck drivers can become distracted by their phones or other devices. We investigate whether distraction played a role in causing the accident.
• Impairment: Driving under the influence of drugs or alcohol is a serious offense, and if the truck driver was impaired at the time of the accident, this could be a major factor in proving liability.

Hold the Trucking Company Accountable

Sometimes, the responsibility doesn’t stop with the driver. The trucking company may also bear some liability if they failed in their duties to ensure safe practices. Oliver law Firm thoroughly investigates the role of the company by examining:

• Hiring practices: Did the company properly vet and train its drivers? If the driver was inadequately trained or had a history of accidents, this could point to company negligence.
• Maintenance records: Trucks require regular maintenance to operate safely. We’ll review maintenance logs to ensure the company was keeping up with required inspections and repairs. Neglected maintenance, such as faulty brakes or worn-out tires, can contribute to accidents.
• Regulatory violations: The trucking industry is heavily regulated by federal laws. If the company violated any of these regulations, such as overloading trucks or pushing drivers beyond safe working hours, this could further establish their liability.

Investigate Product Liability for Defective Parts

In some cases, the truck itself may be to blame. If a mechanical failure caused by defective parts led to the accident, the manufacturer could be held liable. Our team works with experts to analyze whether faulty equipment, such as brakes or tires, contributed to the crash. If a defective product is discovered, we pursue claims against the manufacturer to hold them accountable.

Use Expert Testimony

Semi truck accidents are complex, and in many instances, we rely on expert witnesses to strengthen our clients’ cases. Accident reconstruction experts can help us determine how the crash occurred and who is to blame. We may also call on medical experts to provide testimony on the extent of your injuries and how they will affect your quality of life moving forward.

Comparative Fault in Arkansas

Arkansas follows a modified comparative fault system, which means that even if you were partially responsible for the accident, you could still recover compensation. However, the amount you receive will be reduced by your percentage of fault. This makes it even more important to have a strong case proving the other party’s liability, so we work diligently to ensure all evidence points to the negligence of the truck driver, trucking company, or other responsible parties.

Speak with a Truck Accident Lawyer in Arkansas for FREE

If you need to know more about your legal rights after a semi truck accident, we encourage you to get in touch. Our accomplished truck accident lawyers serve clients across Arkansas and throughout the United States.

Contact Oliver Law Firm today online or at 479-202-5200 for a FREE case evaluation. We serve clients throughout Arkansas and throughout the United States from our office in Rogers, AR.