Truck accidents are often much more devastating than more commonplace auto accidents. This is due to the disproportionately large size of these commercial vehicles, which can weigh upwards of 80,000 pounds when fully loaded. When accidents occur, the stakes can be high for truckers and trucking companies alike.
No matter the circumstances of your case, the North Dakota truck accident lawyers with Pringle & Herigstad, P.C. have the legal skills to handle your case from start to finish. Contact us today to get started with a free consultation about your case.
Understanding Truck Accident Liability
Determining fault after a truck accident is not always straightforward. Depending on contract agreements, regulatory violations, operational oversight, and numerous other factors, tracing the chain of liability can be complex. It often extends beyond the driver and trucking company to include third parties.
Vicarious Liability: Employee vs. Independent Contractor Status
One crucial legal issue after a truck accident is the employment status of the truck driver. If they were hired as an employee, their employer may be vicariously liable for accidents caused by negligence during the course and scope of their employment. By contrast, if they were hired as an independent contractor, the trucking company may escape liability.
Importantly, it is not enough to simply classify a driver as an independent contractor on paper. When evaluating vicarious liability, courts consider various factors to determine the true legal status of workers. If a trucking company retains significant control over an independent contractor’s work, it may still be liable.
Direct Liability: Poor Hiring Practices and Regulatory Violations
In some situations, trucking companies can also be held directly responsible for truck accidents. Two of the most common scenarios involve negligent hiring and cutting corners with safety regulations. Negligent hiring occurs when companies recruit inexperienced, untrained, or otherwise underqualified drivers. Some companies also skirt regulations to save operational costs or boost productivity, such as by pressing drivers to drive beyond federal hours of service limits.
Third-Party Liability
Other potentially liable parties in truck accident cases include negligent drivers, truck maintenance providers, cargo loaders, manufacturers of defective truck components, and even government agencies responsible for road maintenance. Thoroughly investigating all threads of liability can significantly reduce and even eliminate the burden for trucking companies and truck drivers.
Steps to Take After a Truck Accident
Handling the legal, logistical, and human impact of a truck accident can be overwhelming. To protect your legal rights and reduce potential fallout, it is best to consult an attorney as soon as possible. This applies whether you are a truck driver or trucking company. Below are some other steps to consider.
1. Get to Safety and Call Emergency Services
If you are involved in an accident as a truck driver, the first thing you should do is evaluate yourself for injuries. If you are carrying hazardous cargo, ensure that it has not been compromised, as a toxic spill or explosion could significantly escalate the damages and liability stemming from the crash. Call law enforcement so they can secure the scene, provide emergency services as needed, and prepare an accident report.
2. Seek Medical Attention
If you do not receive emergency treatment after the crash, get checked out by a doctor as soon as possible. Whiplash, internal bleeding, brain trauma, and other latent injuries can take days or weeks to manifest themselves. Whether you file a personal injury lawsuit or workers’ compensation claim, the more documentation you have of your injuries, the stronger your case will be.
3. Preserve Key Evidence
Evidence can quickly deteriorate or disappear after an accident. Do your best to preserve evidence at the scene and in the days following the crash, including things like:
- Photos and videos of the accident scene
- Weather and road condition reports
- Witness statements
- Police accident reports
- Driver log books
- Hours of service records
- Electronic logging device (ELD) data
- Surveillance and dashcam footage
- Vehicle maintenance and inspection records
- Black box data
- Cargo loading records
- Drug and alcohol test results
- Truck insurance policies and coverage details
4. Notify Your Employer and Insurance Provider
Insurance policies normally require prompt notice of accidents so providers can initiate an investigation. Failure to comply with these deadlines can result in a denied claim. Given the high monetary stakes involved in many truck accidents, failure to file on time could be costly for truck drivers and trucking companies.
5. Stick to the Facts
When reporting the accident to law enforcement and insurers, avoid providing too much information before consulting with an attorney. For example, do not admit or suggest fault before a thorough, independent investigation is completed. Anything you say can be used against you in court.
6. Follow Drug and Alcohol Testing Requirements
Under Federal Motor Carrier Safety Administration (FMCSA) regulations, trucking companies may be required to conduct post-accident drug and alcohol tests. If these tests are based on “reasonable suspicion,” employers must be able to prove “specific, contemporaneous, articulable observations.”
7. Conduct an Internal Investigation
Trucking companies should conduct a thorough internal investigation to determine all potential causes of the accident. This can ultimately produce evidence that reduces the company’s liability by shifting it to an at-fault third party (e.g., a negligent maintenance contractor, loader, or part manufacturer).
8. Consult an Experienced Attorney
The importance of consulting an attorney is difficult to overstate. This is the best way to preserve evidence, contain liability, protect your rights, and start building the foundations of a strong case.
Contact Us Today – Pringle & Herigstad, P.C. Can Help
Whether you are a truck driver or trucking company, a serious accident can put your livelihood at risk. Don’t navigate this alone—the legal team with Pringle & Herigstad, P.C. is here to help, and you pay nothing unless we win your case. Our case results and client testimonials speak for themselves.
Do not wait to take legal action and protect your rights. Contact us immediately to speak with a North Dakota truck accident lawyer about your case.
