Third-Party Liability in Truck Accidents: What You Need to Know

Getting into a motor vehicle accident can be devastating, and truck accidents are among the most dangerous and costly types of collisions. Many truck accident victims have only a hazy idea of liability and how it affects their ability to recover compensation, but you’ve come to the right place to get answers to your personal injury questions.

At Johnston Law Firm, our Oregon truck accident attorneys want our clients to have the necessary information to make informed legal decisions. The information in this blog should help you understand third-party liability. 

Every truck accident has nuances that make it unique. Our representatives are ready 24/7 to schedule your free personalized case review. Contact us at the number on your screen or click “Start Chat” to get in touch with no obligation. 

Understanding Truck Accident Liability

Getting a full picture of liability will help you understand your rights. Let’s examine the aspects of your truck accident case. 

Personal injury liability refers to one party’s legal responsibility for causing harm or injury to another person or his or her property due to negligence or wrongful conduct. When individuals or companies are found liable, they may be required to compensate the injured party for damages.

The extent of liability can vary based on the degree of negligence and any potential shared fault between parties. The following sections identify parties that can be held liable after a truck accident. 

The trucking company

The trucking industry is responsible for the safe operation of its commercial trucks. Performing vehicle maintenance and following federal and state safety regulations can help it avoid preventable truck crashes. 

The examples below demonstrate instances where a trucking company would have failed in its duties: 

• Due to negligent hiring practices, a trucking company hires an untrained driver to operate a semi-truck 
• Tire blowouts or mechanical failures occur because of poor truck maintenance practices
• A defective truck is allowed on the road because the trucking company doesn’t inspect their vehicles regularly

If an accident occurs because of the trucking company’s negligence, the injured party could hold them liable. 

The truck driver

Driver error accounts for 98 percent of all crashes in the United States. 

Among the top mistakes truck drivers could make are:

• Speeding: Damage-causing energy increases as speed increases, resulting in more severe injuries and greater property damage
• Distracted driving: Eating, drinking, smoking, adjusting controls, and using cell phones can take the driver’s attention from the road
• Inattention: Long shifts and monotonous landscapes can contribute to fatigue and drowsiness, a source of about 100,000 accidents per year

• Tailgating: Following the vehicle ahead too closely does not leave a safe amount of space or time for braking and coming to a stop when necessary
• Incorrect predictions: Wrong assumptions about how other motorists, cyclists, and pedestrians will behave can lead to an unexpected truck accident
• Failure to yield: Truckers should check traffic before pulling out into an intersection or changing lanes

If a driver is negligent or displays reckless behavior, like driving impaired, he or she could be held liable for accident losses. In some cases, however, a party other than the driver or trucking company might be liable for a truck accident. 

Independent contractors

Trucking companies often outsource tasks or rent equipment from other parties. Suppose a trucking company hires another loading company to handle cargo. What could happen if this other party does not properly secure the loads? 

According to the National Highway Traffic Safety Administration (NHTSA), unsecured loads can fall onto the roadway. Each year, about 17,000 people are injured, and 730 die because of objects in the road. A truck accident lawyer can determine whether another party besides the truck driver or trucking company is liable for a truck accident. 

The trucking company is responsible for outsourced projects in some instances. A truck accident lawyer can help you determine its portion of fault. 

Other parties 

At times, there is more than one liable party. The commercial truck manufacturer, product designers, or distributors might be accountable for a defective truck part or a mechanical failure. A truck accident attorney can determine whether you are eligible to file a product liability claim and ensure you pursue damages from the correct entity. 

Government agencies

Even if truck owners take perfect care of their rigs and drivers drive carefully, accidents can happen due to dangerous road conditions. The government agency responsible for the unacceptable state of the road might be liable for the losses. 

Identifying First, Second, and Third Parties

Is the trucking company liable or some other entity? With so many people and companies potentially involved, it is no wonder truck accident victims are often confused about who the liable parties are. This section will help you define some important terms related to truck accidents. The terms below are defined as if you were the truck accident victim. 

The first party

This term describes you. Motorists often carry auto insurance because it is required where they live or they want to cover themselves in case of accidents. If you have a policy, you can claim the accident on your insurance. First-party insurance is called personal injury protection (PIP). 

Plans vary, but in general, PIP covers insured motorist’s accident expenses, such as:

• Medical bills for you and those covered by your policy (e.g., passengers in your car, family members living in your home)
• Lost wages for you and your passengers who cannot work due to injuries
• Household services like childcare, house cleaning, or lawn work
• Disability and rehabilitation costs
• Benefits for close family members in case of a fatality 

Uninsured or underinsured motorist insurance pays expenses for you, the first party, if the at-fault party does not have sufficient insurance coverage. 

The second party

The second party is your insurance company. If you cause an accident, the other party could file a claim against your coverage.

The third party 

The third party is the at-fault driver’s insurance coverage. It offers financial protection for the policyholder from claims and lawsuits. Your first-party PIP insurance coverage may also cover the initial eligible costs of a truck accident claim.

Commercial truck accidents are often more expensive than other accident types. Many claims exceed PIP policy limits, so your lawyer must determine liability and pursue a third-party claim against the at-fault party. 

Trucking companies might have several insurance policies that cover different aspects of their businesses, with some being required by state law. Common types include liability insurance and cargo policies to protect their loads during transport.

Proving Liability 

An injured party must prove that the responsible party is liable for his or her damages. 

To hold a trucking company responsible for an accident, you would need to establish its liability according to these factors:

• Duty of care: The trucking company had a specific responsibility (e.g., inspections, maintenance, state or federal laws)
• Breach of duty: The company failed to meet its responsibility or intentionally did something that harmed others
• Direct harm: Harm occurred (e.g., property damage, injuries), and it was a direct result of this breach of duty

A car accident lawyer would gather evidence to support your claim. Even if the trucking company’s liability is clear, there might be obstacles to obtaining maximum compensation for your losses. 

When Liability Expires

Evidence can disappear over time. Contacting a law firm immediately after a crash can ensure that your lawyers have time to investigate and secure proof of your claim. Yet, there is another critical reason to get help as soon as possible after a truck accident.

Every state has a statute of limitations, or a deadline, that extends for a specific period starting in most cases from the day of the event. If you wait too long to take legal action, you forfeit your right to sue trucking companies and other involved parties.

Getting the Compensation You Deserve

Obtaining fair compensation for injuries sustained in truck accidents can significantly impact your recovery and financial stability. With the complexities involved in these cases, including proving fault and negotiating with insurance companies, having skilled truck accident attorneys on your side can make all the difference. 

At Johnston Law Firm, we are eager to guide you through the legal process, ensure your rights are protected, and seek a favorable outcome for you. Our millions of dollars awarded in successful verdicts and settlements demonstrate that our clients can trust our resources and experience.

Don’t navigate the legal maze alone. Let us be your advocate. Schedule a free consultation to receive personalized advice and support tailored to your situation. By taking this step, you’ll be better positioned to secure the compensation necessary to support a brighter future for you and your loved ones.