Blogs

Etemi Law

Blogs/Recent Posts

Commercial Truck Accident
March 27th, 2025 /  General/Personal Injury  / 0 comment
Determining Liability in a Commercial Truck Accident: Who Pays for Your Injuries?

Determining Liability in a Commercial Truck Accident: Who Pays for Your Injuries?

Commercial truck accidents are among the most complex personal injury cases due to the number of potentially liable parties and the extensive damages involved. Unlike standard car accidents, where fault is usually limited to the drivers, truck accidents often implicate multiple entities, including the truck driver, the trucking company, maintenance providers, cargo loaders, and even vehicle manufacturers. Understanding how liability is determined and who is responsible for paying your medical bills, lost wages, and other damages is critical to securing fair compensation.

At Etemi Law, we help truck accident victims in Connecticut navigate the complexities of liability and maximize their recovery. If you or a loved one has been injured in a commercial truck accident, call us at (203) 442-9236 for a free consultation today.

Common Causes of Commercial Truck Accidents

Before diving into liability, it’s important to understand what causes most truck accidents. Some of the most common factors include:

  • Driver Fatigue – Truckers often work long hours, sometimes exceeding federal limits.
  • Distracted Driving – Texting, using a GPS, or eating while driving can lead to serious crashes.
  • Speeding and Reckless Driving – Pressure to meet deadlines often leads to unsafe driving habits.
  • Improper Cargo Loading – Unbalanced or unsecured cargo can cause rollovers or jackknifing.
  • Poor Truck Maintenance – Failing to inspect brakes, tires, and engine components can lead to catastrophic failures.
  • Defective Truck Parts – Manufacturers can be held responsible if faulty brakes or tires cause an accident.

Who Can Be Held Liable in a Commercial Truck Accident?

Truck accidents often involve more than one at-fault party. Below are the key entities that may bear responsibility:

1. The Truck Driver

A truck driver can be held liable if their negligence, such as distracted driving, intoxication, or speeding, caused the accident. However, proving driver fault requires strong evidence, such as:

  • Dashcam footage
  • Electronic logging device (ELD) records
  • Witness testimony
  • Cell phone records

2. The Trucking Company

The trucking company can be liable under vicarious liability laws, meaning they are responsible for their employee’s actions while on duty. The company may also be directly at fault if they:

  • Failed to conduct background checks on drivers
  • Encouraged drivers to exceed hours-of-service limits
  • Neglected truck maintenance or safety inspections

3. The Cargo Loading Company

Many trucking companies contract third parties to load cargo. If improperly loaded or overloaded cargo caused the crash, the loading company can be held responsible. Evidence such as weight records and cargo distribution logs can help prove their liability.

4. The Truck Manufacturer or Parts Supplier

If a defective component—such as faulty brakes, tires, or steering systems—contributed to the accident, the truck or parts manufacturer may be liable under product liability laws. This requires expert testimony and technical analysis of the truck’s mechanics.

5. Maintenance and Repair Providers

Third-party companies responsible for truck maintenance can be held accountable if an accident resulted from neglected inspections or improper repairs. Maintenance logs and inspection reports are critical in proving this form of liability.

How to Prove Liability in a Truck Accident Case

Proving fault in a commercial truck accident case requires extensive evidence and legal expertise. Here’s what you need to strengthen your claim:

1. Collect Key Evidence Immediately

  • Police Reports: Official documentation of the crash can establish initial fault.
  • Truck’s Black Box Data: This electronic data recorder logs speed, braking, and hours driven.
  • Surveillance or Dashcam Footage: Visual proof of the accident can be critical.
  • Witness Statements: Eyewitnesses can provide independent accounts of the crash.
  • Medical Records: Documenting injuries is essential for calculating damages.

2. Conduct a Thorough Investigation

An attorney can subpoena key records, including:

  • The truck driver’s logbook
  • Employment and training records
  • Maintenance and inspection logs
  • Drug and alcohol test results
  • Communications between the trucking company and the driver

3. Consult Accident Reconstruction Experts

Experts can analyze the crash scene, vehicle damage, and black box data to reconstruct the accident and determine fault.

Who Pays for Your Injuries After a Truck Accident?

Once liability is established, determining how compensation is paid depends on the insurance policies and legal claims involved. Here’s how victims can recover damages:

1. Trucking Company’s Insurance

Commercial trucking companies carry high-limit liability insurance policies, often in the millions. If the trucking company or its driver is at fault, their insurance should cover medical expenses, lost wages, and pain and suffering.

2. Third-Party Liability Insurance

If another entity, such as a cargo loader or maintenance provider, is liable, their insurance will be responsible for covering damages.

3. Product Liability Claims

If a defective truck part caused the accident, a claim can be filed against the manufacturer, often resulting in additional compensation.

4. Your Own Auto Insurance

If the trucking company’s insurance does not fully cover your damages, your own underinsured motorist (UIM) coverage may help fill the gap.

Maximizing Your Compensation: Why You Need an Attorney

Truck accident claims are highly complex, and insurance companies often try to minimize payouts. An experienced truck accident lawyer can help by:

  • Conducting a full investigation to determine all liable parties
  • Negotiating aggressively with insurance companies
  • Filing lawsuits if fair compensation is not offered
  • Ensuring compliance with legal deadlines and regulations

Take Action Now: Contact Etemi Law

If you or a loved one has been injured in a commercial truck accident, don’t leave your future in the hands of insurance adjusters. At Etemi Law, we fight for the maximum compensation our clients deserve.

📞 Call us today at (203) 442-9236 for a FREE consultation.

Our Firm Office Locations
Find Us
Waterbury Office
Watertown Office
New Haven Office