You have a lot to worry about immediately after a truck accident. As you manage your pain and come to terms with your diagnosis, you may be worried about mounting medical bills, lost income, and other accident-related costs.
One question keeps running through your mind: Who will pay for this?
Alderson Law serves injured individuals across the upstate region of South Carolina. As a truck accident attorney in Greenville with years of experience, Ryan Alderson recognizes how devastating a truck accident can be and knows how to identify all potentially liable parties. He thoroughly investigates every accident to determine whether the truck driver, trucking company, government entity, or a third party caused the crash and is responsible for paying damages.
The Truck Driver's Role in Commercial Trucking Negligence
Individual truck drivers bear primary responsibility when their actions directly cause accidents. Federal and South Carolina laws and regulations govern commercial driver behavior, creating clear standards for safe operation. Some common examples of truck driver negligence on South Carolina roadways include:
- Speeding. Speeding is a common cause of truck accidents. Driving over the speed limit or too fast for road conditions is particularly dangerous given the massive weight and stopping distance requirements of commercial vehicles. A fully loaded tractor-trailer traveling at highway speeds needs nearly two football field lengths to come to a complete stop, even under ideal driving conditions.
- Distracted driving. Distracted driving presents another significant risk factor. Federal regulations prohibit texting while driving commercial vehicles, yet violations continue to occur. Phone calls, GPS navigation, eating, and other distractions can cause drivers to lose focus for critical seconds, leading to catastrophic collisions.
- Hours of service violations. The Federal Motor Carrier Safety Administration (FMCSA) limits driving time to prevent fatigue-related crashes, but some drivers falsify logbooks or ignore mandatory rest periods to make a deadline. Drowsy driving impairs reaction time and decision-making ability, creating dangerous conditions for all motorists.
- Impaired driving. Commercial drivers face stricter blood alcohol limits than regular motorists, with a 0.04% threshold compared to 0.08% for standard vehicles. Prescription painkillers, medications, or other drug use may also result in impaired driving.
- Aggressive driving. Aggressive driving includes tailgating, improper lane changes, and road rage. Aggressive truckers may be especially dangerous given the size and weight of their vehicles.
When a driver violates these rules, they can cause serious personal injury.
Trucking Company Liability in Commercial Accidents
Vicarious liability holds employers accountable for actions taken by employees within the scope of their employment. This legal principle means that trucking companies typically share responsibility for their drivers' negligent actions during work hours. Additionally, a trucking company may be liable if an accident occurs because of:
- Negligent hiring practices. Background checks must verify driving records, criminal history, and employment history. Companies that hire drivers with multiple violations or disqualifying offenses may face responsibility for the next accident that they cause.
- Inadequate training programs. Federal regulations mandate specific training requirements for commercial drivers, including classroom instruction and behind-the-wheel practice. Companies that cut corners on training may be liable for accidents caused by inexperienced or improperly trained drivers.
- Failure to supervise. Failure to properly supervise drivers represents another area of company liability. Carriers must monitor driver behavior, conduct regular safety meetings, and address violations promptly. Companies that ignore warning signs or fail to discipline drivers may bear responsibility for preventable accidents.
- Maintenance negligence. Maintenance negligence occurs when companies fail to maintain their vehicles properly. Consequences may include trailer separations, cargo spills, delayed stopping time, and more.
- Pressure to violate hours of service. Companies that pressure drivers to exceed speed limits, drive beyond legal hours, or skip mandatory rest periods can be held accountable with a commercial truck accident lawsuit. A Greenville truck accident attorney may be able to subpoena electronic monitoring systems, internal memos, and driver records to reveal whether companies created incentives for unsafe behavior.
- Disqualifying health conditions. Federal regulations require regular medical examinations to ensure drivers can safely operate large trucks. Medical condition violations occur when drivers operate commercial vehicles despite disqualifying health issues. The trucking company may be liable if it fails to require a medical exam or allows a trucker to drive with a disqualifying health condition, and the health condition causes an accident.
Sometimes, the trucking company will share responsibility for the crash with the trucker or another party.
Third-Party Contractor Responsibilities
Modern trucking operations often involve multiple contractors, each potentially liable for accidents. Third parties who may be ordered to pay damages after a crash can include:
- Maintenance providers. Brake failures, tire blowouts, steering problems, and other maintenance issues can all cause dangerous accidents. Maintenance contractors must follow federal standards for commercial vehicle maintenance and keep detailed records of all work performed.
- Loading companies. Loading companies bear responsibility for properly securing cargo according to federal requirements. Improperly loaded or unsecured cargo can shift during transport, causing drivers to lose control. Overloading violations that exceed federal weight limits also create liability for loading contractors.
- Leasing companies. Leasing companies may be responsible for providing defective equipment or failing to maintain vehicles according to federal standards.
- Subcontractors and third-party logistics companies. When a company’s operational decisions contribute to accidents, they may be held accountable after a commercial trucking crash. For example, route planning, delivery schedules, and driver assignments can all impact safety outcomes.
- Trucking equipment manufacturers. Defective product design is a serious concern in the trucking industry. The widespread integration of electronic systems, such as anti-lock braking systems, electronic stability control, and collision avoidance systems, can make trucks safer but also create more elements that may break down and malfunction. Everything from light bulbs to transmission components must meet federal specifications and perform reliably under commercial vehicle operating conditions.
A full investigation is required to determine if one or more of these third parties is responsible after a crash.
Government Entity Liability for Road Conditions
Finally, the state of South Carolina and government agencies responsible for highway maintenance may bear liability when dangerous road conditions contribute to truck accidents. Poor road design can create dangerous conditions for large trucks, particularly on curves, grades, and intersections. Engineers must consider truck turning abilities, stopping distances, and sight lines when designing highways that accommodate commercial traffic. Inadequate signage, construction zone issues, bridge or overpass structural defects, and even unclear traffic patterns can all lead to head-on collisions, side swipes, T-bones, and other commercial trucking crashes.
It's essential to identify all parties who may have contributed to your truck accident injuries so that you may pursue compensation from the responsible parties.