Are Truck Drivers Responsible for Damages?

Yes, truck drivers may be held liable for damages if they cause an accident in which someone is hurt. The consequences of a collision with a tractor-trailer can be devastating for the occupants of other vehicles. It is vital to have a complete understanding of truck driver damages and the compensation you may be due.

Phoenix truck accident lawyers at Burg Simpson understand the duties truck drivers have. We also know how to prove it when they fail to uphold their responsibilities. Our team has the knowledge and resources to hold the truck driver and any other defendants accountable.

For a FREE case evaluation, call Burg Simpson at 602-777-7000 today. We help injury victims pursue damages for truck driver accidents in Phoenix and throughout Arizona.

What Are Truck Drivers Responsible For?

Commercial truck drivers have numerous legal responsibilities in the course of their jobs. At minimum, they need to have the necessary qualifications to operate a truck. This typically means that they hold a commercial driver license (CDL).

Drivers with a CDL are responsible for:

• Following the rules of the road in any jurisdiction where they travel
• Inspecting cargo to ensure it is secured
• Performing pre- and post-trip vehicle inspections
• Obeying the federal hours of service regulations; this includes taking breaks and going off-duty at designated intervals
• Keeping accurate logs over the course of each job
• Complying with drug and alcohol rules
• Following special rules for the transportation of hazardous materials
• Carrying essential documents such as the CDL, Medical Examiner’s Certificate, proof of insurance, etc.

Truck drivers’ responsibilities are a combination of federal regulations, state laws, and practices accepted within the trucking industry. Successfully proving that a truck driver violated one or more of their duties can be difficult without experience and specialized knowledge.

Burg Simpson has been representing the victims of semi-truck accidents for decades. We also have a network of reputable experts who can help us establish the specific duties the truck driver owed you and prove how and why they fell short.

When Are Truck Drivers Responsible for Accidents?

A truck driver may be legally responsible for an accident if they are negligent in their duties. Common examples include:

• Speeding
• Distracted driving
• Errors when turning, merging, or changing lanes
• Ignoring traffic signals
• Tailgating
• Aggressive driving
• Failure to inspect and secure cargo
• Negligent inspections and maintenance
• Fatigued/drowsy driving
• Driving while intoxicated

Driver error is cited as the principal cause of most accidents involving large trucks. Research by the Federal Motor Carrier Safety Administration (FMCSA) found that 87% of these crashes are attributable to errors on the part of a driver. Statistically, the driver of the truck is found to be responsible for most crashes.

Thorough investigation by our Phoenix trucking accident attorneys may reveal that the driver of the truck was at fault, in which case you would be entitled to damages. We also review the evidence to identify other potential defendants.

When Is the Trucking Company Responsible?

Many truck drivers are independent contractors. If an independent owner-operator causes an accident, they may bear sole responsibility for damages suffered by the victim. If the truck driver is an employee of a trucking company, both parties may be liable for the accident.

At Burg Simpson, we often find that commercial truck accidents are attributable not only to truck driver error, but negligence on the trucking company’s part. This includes hiring unqualified drivers, inadequate training and oversight, pressuring drivers to meet unrealistic deadlines, and more.

Trucking companies are likely to carry much more insurance coverage than an individual driver. If you have sustained significant damages from an accident caused by a truck driver, it is in your best interest to explore all avenues for recovery. Our trucking accident lawyers do just that.

Who Else May Be Responsible?

Legal responsibility for a truck crash may lie with multiple parties. In addition to the truck driver and trucking company, a skilled attorney can prepare a claim against:

• Manufacturers: Defective parts and components can result in mechanical failure, potentially causing the driver to lose control. Manufacturers may be liable if it can be shown that the defect contributed to the accident.
• Cargo loaders: Precision is essential when loading cargo on a semi-trailer. In addition to ensuring that the weight is properly distributed, loaders need to secure the cargo so it does not shift during transit. Liability for an accident may be imposed on the cargo loader if they are negligent in these duties.
• Maintenance providers: Third-party mechanics and maintenance companies are responsible for maintaining trucks and performing necessary repairs. Examination of the truck’s maintenance records after an accident may reveal errors or negligence in these procedures.

Our lawyers can also assess the actions of other drivers, government entities, and any additional parties. This requires prompt investigation and knowledge of the evidence needed to prove fault in complicated legal matters.

Gaining a comprehensive view of fault in a truck accident is key for maximizing compensation. In Arizona, each party can only be held liable for their share of damages. Furthermore, insurance companies are only required to pay up to the policy limits.

If you sustained serious injuries or lost a loved one, your damages may exceed any one defendant’s insurance coverage. By bringing claims against all liable parties, you increase the likelihood of fully recovering the damages you are owed.

What Truck Driver Damages Can Accident Victims Recover?

The victims of a truck driver’s negligence may be entitled to substantial compensation. Recoverable damages in a truck accident claim may include:

• All current medical expenses
• Lost wages to date
• The cost of ongoing therapy, rehabilitation, and counseling
• Loss of earning capacity
• Future medical costs
• Pain and suffering
• Disfigurement
• Permanent disability
• Emotional anguish
• Loss of enjoyment of life

A truck driver may also be responsible for damages related to the wrongful death of a loved one. You and your family may be entitled to compensation for funeral and burial costs, lost income, the loss of support and companionship, and more.

Lawyers at Burg Simpson can calculate all of the compensation you are due following a semi-truck accident. There is no cap on damages in Arizona, so we can pursue a full financial recovery from the truck driver and all other responsible parties.

Get Help with Your Phoenix Truck Accident Claim

Commercial trucking accident cases can be difficult. Multiple parties may be to blame, the evidence is complex, and insurance companies often fight back ferociously to avoid large payouts.

Burg Simpson has the experience, skills, and resources you need to get the outcome you deserve. Investigating the background and actions of the truck driver is just the start of preparing your claim. Our attorneys collect all available evidence so we can identify each defendant and hold them accountable. This may involve going to trial, a possibility for which we prepare in every case.

Contact Burg Simpson for a FREE consultation if you or someone you love has been injured in an accident with a truck driver. Our office is located in the major trucking hub that is Phoenix, and we serve clients all over Arizona.