Truck Crash Victims May Have Several Parties to Sue

I’m David Holub, an attorney focusing on personal injury law in northwest Indiana.

Welcome to Personal Injury Primer, where we break down the law into simple terms, provide legal tips, and discuss personal injury law topics.

Today’s question comes from a caller who said she and her family were all hurt seriously when a semi-tractor-trailer ran them off the road after she could see that the load on the flatbed trailer shifted and the driver lost control. She wanted to know if they were limited to suing just the truck driver.

Federal Motor Carrier Safety Regulations apply to commercial truck drivers and motor carriers.

Motor carriers are legally responsible for the acts or omissions of their drivers while they are on the roadway.

Commercial motor vehicles operated by motor carriers must have a minimum of $1 million insurance coverage.

But that level of insurance can be inadequate in many serious injury situations.

So the caller’s question is reasonable given that multiple family members suffered serious injuries.

What other parties might be sued in the caller’s situation?

Often, a truck driver may be deemed to be an agent of more than one motor carrier. For example, if Motor Carrier A routes a shipment to Motor Carrier B because A does not want to ship to a specific state, both carriers may be legally liable for a driver’s negligence.

A good way to determine if more than one motor carrier is involved in a shipment is to obtain a copy of the Bill of Lading.

In the caller’s situation, there is evidence that the load may not have been adequately secured to the trailer.  Where a shipper fails to secure a load properly, the shipper may be liable.

For example, if the shipper loads a steel coil onto a trailer and fails to secure it properly, and the load shifts, causing a crash, the shipper and any party the shipper hired to load the trailer may be liable for negligence in securing the load.

Keep in mind that many motor carriers have no involvement in loading a trailer; they simply attach a tractor to it and begin transporting.

When a shipper fails to comply with regulations and mandatory safety standards regarding securing a load, they may be held liable for harm resulting from the load breaking loose and causing a collision.

A motor carrier must maintain a file that documents a driver’s qualifications. This file must contain the following materials: a written application, a three-year driving history, proof that references were contacted, medical qualification information, results of drug and alcohol screening, proof of driving competency, and documentation that the driver can read and speak English.

Sometimes, a motor carrier will hire a consultant to conduct driver screenings. If a screening consultant negligently evaluates a driver, the consultant may be held legally responsible for the crash.

Lastly, the Federal Motor Carrier Safety Regulations define a motor carrier employee as any individual who directly affects the safety of a commercial motor vehicle, including mechanics working on the tractors and trailers.

Thus, if the driver reports that the brakes failed, the mechanic’s work may be implicated as a cause of the crash. If a mechanic makes an error that results in a collision, both the mechanic and the company that hires them may also be held legally liable for the crash.

I hope you found this information helpful. If you are a victim of someone’s carelessness, substandard medical care, product defect, work injury, or another personal injury, please call (219) 736-9700 with your questions. You can also learn more about us by visiting our website at DavidHolubLaw.com – while there, make sure you request a copy of our book “Fighting for Truth.”