Fault and liability are often straightforward matters after motor vehicle collisions. One driver ran a red light or rear-ended a stopped vehicle. The motorist who made the mistake is at fault, and therefore they are liable for any damage they caused to the other people involved.
The situation changes when the vehicle that caused the crash is a commercial truck. Semi-trucks are often operated by professionals who are employees. The people in the smaller vehicle may feel unsure about what rights they have and who is responsible for the cost of the collision. In some cases, there may be multiple different parties who could be liable for a semi-truck collision.
The driver
If semi-truck operators do something unsafe or negligent on the road, they are likely at fault for any crash they cause. Fault can potentially lead to liability, depending on their employment status.
If the commercial driver operating the semi-truck is an independent contractor or if they are an owner-operator driving a truck that belongs to them, they may be liable for the crash. Typically, independent contractors and owner-operators carry commercial insurance that complies with federal regulations to indemnify themselves.
Transportation companies
Many semi-truck operators are employees. As such, vicarious liability rules apply when they cause crashes. Employers are typically liable for any negligent acts on the part of their workers.
Commercial transportation companies generally carry six-figure liability insurance policies that can compensate people affected by a semi-truck collision. Occasionally, third parties could be liable for the incident if unusual factors are present, such as defective vehicle components that cause a wreck.
Reviewing the circumstances that led to a semi-truck collision can help people determine who is liable. Those seeking to recover their losses after a commercial crash may have a complicated insurance claim or lawsuit ahead of them.