Commercial Truck Accidents: Causes, Liability, and Legal Representation

Commercial Truck Accidents: Liability, Causes, and Legal Representation

Commercial trucks are the backbone of the economy, responsible for transporting goods and providing essential services nationwide. However, their presence on cities, streets, roads and highways comes with significant risks. When a crash involves a massive 18-wheeler, victims need a skilled big rig accident attorney to fight for their rights and secure maximum compensation. Commercial truck accidents often lead to devastating injuries, fatalities, and complex legal challenges due to the size, weight, and frequent operation of these vehicles. Whether the vehicle is a delivery truck for a big-box retailer, a plumber’s service van, or a freight hauler for companies like UPS, FedEx, or Amazon, the potential dangers they present are considerable.

David P. Willis, a Former Attorney for the Supreme Court of Texas and a Board-Certified Personal Injury Trial Lawyer in Texas with over 40 years of experience, has dedicated his career to representing victims of serious and catastrophic accidents. As a former commercial truck driver for a water bottler during his high school and college years in Central Texas, Willis brings unparalleled insight into trucking operations, driver responsibilities, and safety regulations. Licensed in Texas and New York, and with associations with numerous lawyers in other states, Willis provides truck accident victims with the comprehensive legal representation they need to navigate these complex cases.

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Types of Commercial Trucks Involved in Accidents

Commercial trucks encompass a wide variety of vehicles, each with unique risks and challenges:

Big-Box Delivery Trucks: Walmart, Target, and Home Depot trucks operate in urban areas where congestion increases the likelihood of accidents.
Freight Haulers: Vehicles from companies like FedEx, UPS, and Amazon often handle long-haul and last-mile deliveries, increasing risks due to fatigue and tight schedules.
Service Trucks: HVAC, plumbing, and electrical trucks carry heavy equipment, which can become hazardous if improperly secured.
Local Delivery Trucks: Smaller vehicles for grocery, Amazon Prime Truck or package delivery face challenges navigating tight urban spaces.
Dump Trucks and Cement Mixers: Construction-related vehicles often have limited visibility and high rollover potential.
Utility Trucks: Vehicles used by electricians and service providers frequently park in risky positions, creating hazards for other road users.

Each of these trucks typically operates under commercial truck insurance policies, which can complicate claims due to multiple layers of coverage.

Hiring an experienced trucking accident attorney can help cut through the red tape and push you case faster and for more money to more favorable to you.

Common Causes of Commercial Truck Accidents

Causes of these truck accidents often result from negligence by drivers, employers, or third parties. Key causes include:

Driver Negligence

Speeding: Commercial trucks require significantly longer stopping distances. Driving above speed limits or too fast for road conditions drastically increases the risk of collisions. Learn more about truck driver speeding and its role in commercial truck accidents.
Distraction: Texting, talking on the phone, or using in-cab technology takes the driver’s focus off the road.
Fatigue: Violations of Hours of Service (HOS) regulations often result in drivers operating vehicles while dangerously tired.
Road Rage and Aggressive Driving: Tailgating, swerving, or using the truck to intimidate other drivers are common aggressive behaviors.

Employer Negligence

Inadequate Training: Employers are responsible for ensuring drivers are adequately trained to operate large vehicles safely.
Poor Hiring Practices: Failing to conduct background checks on driving records and safety violations can lead to hiring unqualified or reckless drivers.
Neglected Maintenance: Failing to perform regular inspections and repairs can result in brake failures, tire blowouts, or other mechanical issues.
Failure to Monitor GPS: Employers of truck drivers have a duty and responsibility to be monitoring the driver’s speed, Hours of Service, Driver’s Logbook is operable and other monitoring services available to make sure their driver is a safe driver.

Third-Party Negligence

Cargo Loaders: Improperly secured or overloaded cargo can cause rollovers, jackknife accidents, or debris on the road.
Maintenance Providers: Faulty repairs or missed inspections can contribute to accidents.
Product Manufacturers – Defective brakes, tires, or steering systems can cause serious crashes, making manufacturers liable.
Road Construction Contractors – In areas of road repair or construction poorly marked lanes, missing signs, un-even pavement, drop-offs, or hazardous construction zones can create dangerous conditions for truck drivers and other motorists.

Liability in Commercial Truck Accidents

Establishing liability in commercial truck accidents often involves multiple parties:

Truck Drivers: Responsible for adhering to traffic laws and FMCSA regulations.
Trucking Companies: Accountable for hiring, training, and supervising drivers, as well as maintaining vehicles.
Cargo Loaders: Liable for improperly secured or overloaded cargo.
Manufacturers: Defective parts, such as faulty brakes or tires, can make manufacturers partially responsible.
Third-Party Vendors: Maintenance companies or subcontractors may share liability if their negligence contributed to the accident.

Insurance and Defenses in Commercial Truck Accidents

Many commercial trucks operate under layers of insurance coverage, which include primary liability, excess liability, and cargo insurance. Navigating these complexities requires the expertise of an experienced attorney. Victims of commercial truck accidents often face a complex web of insurance coverage and legal defenses designed to minimize payouts. Commercial trucks are typically covered by high-limit liability policies, often exceeding $1 million, due to the potential for catastrophic damages. However, the very existence of these substantial policies motivates trucking companies and their insurers to deploy aggressive defense strategies to protect their financial interests.

One of the primary challenges is the layered insurance structure often present in commercial trucking. In addition to the truck driver’s liability policy, there may be coverage from the trucking company, leasing entities, cargo owners, or even maintenance contractors. Navigating these overlapping policies requires a thorough understanding of commercial insurance practices and coordination to maximize recovery.

Defenses commonly raised include comparative negligence, where the victim is blamed for contributing to the accident. Insurers might also argue that injuries were pre-existing or exaggerated. Additionally, trucking companies may claim compliance with Federal Motor Carrier Safety Administration (FMCSA) regulations or attempt to shift liability to third parties, such as cargo loaders or maintenance providers.

To counter these tactics, victims need a skilled attorney who can dissect the insurance policies, challenge defense arguments, and hold all responsible parties accountable, ensuring fair compensation for the damages suffered.

The Role of a Seasoned Semi-Truck Accident Lawyer

Commercial truck accident cases present unique challenges, as they are often heavily defended by trucking companies and insurers equipped with vast resources and legal teams dedicated to minimizing payouts. These entities employ aggressive defense tactics, ranging from shifting blame onto victims to disputing the severity of injuries. In such a high-stakes environment, victims need a seasoned semi-truck accident lawyer who can navigate the complexities of their cases and ensure they receive the compensation they deserve.

For those seeking justice after a serious crash, hiring a big rig accident attorney with a proven track record in high-stakes trucking litigation is essential. A knowledgeable lawyer understands how to expose violations of federal trucking regulations, analyze accident reports, and counter the defense tactics used by trucking corporations to avoid liability.

A seasoned attorney brings extensive knowledge of the laws governing commercial trucking, including Federal Motor Carrier Safety Administration (FMCSA) regulations and state-specific statutes. They understand how to investigate truck accidents thoroughly, preserve critical evidence like black box data, and hold all responsible parties accountable. This expertise is vital for countering the defenses mounted by trucking companies, such as claims of comparative negligence or compliance with safety protocols.

David P. Willis exemplifies the qualities of an experienced advocate. As a former attorney for the Supreme Court of Texas and a Board-Certified Personal Injury Trial Lawyer, Willis has built a reputation for tenacious representation and achieving substantial results. With over 40 years of experience in handling catastrophic injury and truck accident cases, he understands the intricacies of trucking litigation, from identifying liable parties to challenging the defense’s arguments in court.

Willis operates on a contingency fee basis, meaning clients pay no fees unless he secures a successful outcome. This approach ensures that victims, regardless of their financial circumstances, have access to high-quality legal representation. By removing financial barriers, Willis enables his clients to focus on recovery while he aggressively pursues justice and fair compensation on their behalf.

The Importance of Black Box Data

In the world of commercial truck accidents, electronic logging devices (ELDs)—commonly referred to as black boxes—play a pivotal role in uncovering the truth. These devices continuously record vital operational data, including the truck’s speed, braking patterns, hours of service, and even sudden stops or deviations from the norm. This information is instrumental in proving liability, especially in cases involving allegations of speeding, driver inattention, or mechanical failures.

For example, black box data can confirm whether a truck was exceeding speed limits at the time of the collision or if the driver violated Hours of Service (HOS) regulations by operating the vehicle while fatigued. Additionally, it can reveal crucial insights about braking distances and response times. Obtaining and preserving this data promptly is critical, as it can be overwritten or lost. In legal proceedings, black box data often serves as indisputable evidence that strengthens a victim’s case and holds negligent parties accountable.

Filing a Commercial Truck Accident Lawsuit

Filing a lawsuit involves several steps:

01 Investigating the Accident

Securing evidence such as black box data, accident scene photos, and witness testimony.

02 Identifying Liable Parties

Determining which entities, from drivers to manufacturers, share responsibility for the accident.

03 Calculating Damages

Evaluating medical expenses, lost wages, and other costs to ensure maximum compensation.

04 Negotiating Settlements

Working with insurers to reach a fair agreement.

05 Preparing for Trial

If a settlement cannot be reached, the case proceeds to court.

Learn more about how to file a truck accident lawsuit and what steps are necessary to build a strong case.

Biomechanics of Commercial Truck Collisions

The physics of commercial truck accidents explains why injuries are often catastrophic:

Force of Impact: A fully loaded commercial truck weighing 80,000 pounds exerts massive force in a collision, often crushing smaller vehicles.
Stopping Distances: Trucks require much longer stopping distances, increasing the likelihood of rear-end collisions.
A Biomechanical Engineer is an expert often hire by truck injury lawyers in a catastrophic injury case to analyzes how the forces of the crash impacted the victim’s body. They assess injury mechanisms, such as spinal trauma, brain injuries, and fractures, using crash dynamics, medical imaging, and scientific principles. Their expert opinion helps determine whether the injuries are consistent with the accident, proving causation and supporting claims for compensation in litigation.

These dynamics underscore the need for strict adherence to safety regulations and the accountability of negligent parties.

Preventing Commercial Truck Accidents

Preventing accidents requires a multi-faceted approach:

Discuss Your Case with a Knowledgeable Commercial Truck Accident Attorney

Commercial truck accidents are complex, involving multiple parties and layers of liability. Victims require the expertise of a seasoned attorney to navigate these challenges and secure the compensation they deserve. David P. Willis, with over 40 years of experience and firsthand knowledge of the trucking industry, provides clients with exceptional representation.

If you’ve been involved in a commercial truck accident, contact us for a free consultation. Let our team guide you through the legal process and help you achieve justice.

Call us at 1-888-LAW-2040 or Fill Out Our Online Form.