Being involved in any kind of motor vehicle accident can be stressful and potentially life-changing. When it comes to large commercial trucks like 18-wheelers, the crashes are often catastrophic with serious injuries or fatalities. Determining who is at fault and can be held liable in a truck accident case can be complex with multiple potentially responsible parties. An experienced Hawaii truck accident attorney can help accident victims and their families identify all liable parties to ensure maximum compensation.
Truck Drivers
The most obvious party who may be held liable in a truck crash is the driver of the truck. Truck drivers have a legal duty to operate their vehicles in a safe manner obeying all traffic laws. Some examples of driver negligence that may lead to liability include:
- Distracted driving such as texting or talking on a cell phone
- Driving while excessively fatigued or falling asleep at the wheel
- Failure to yield right of way
- Following too closely
- Unsafe lane changes
- Driving under the influence of alcohol or drugs
- Exceeding speed limits
- Improper passing
Like other motorists, commercial truck drivers can be held responsible for any injuries or damages that occur due to their failure to drive carefully. Trucking companies may also be vicariously liable for any damages caused by their employee drivers during working hours under the legal doctrine of respondeat superior.
Trucking Companies
Trucking companies have a duty to only employ competent, qualified drivers and provide ongoing training and supervision. They are also responsible for ensuring trucks are properly maintained and operating safely. Some examples of trucking company negligence that could warrant liability include:
- Failure to properly screen, hire, or supervise drivers
- Pressuring drivers to violate safety regulations or drive longer hours
- Not maintaining trucks in roadworthy condition
- Failing to properly load cargo safely
- Not providing legally required safety technology in vehicles
- Requiring unsafe delivery timelines
Holding a trucking company liable requires proving they were aware or should have been aware of safety deficiencies or problems with a driver’s capability but failed to take proper corrective action. Companies can also be held responsible for independent contractor drivers and leased equipment if exclusive control over operations is maintained.
In Hawaii, trucking companies are legally obligated to meet state and federal regulations for commercial trucking operations. This includes compliance with inspection, maintenance, training, and hours of service rules. Failure to abide by Hawaii’s safety standards in any way that contributes to an accident can be grounds for liability against the motor carrier.
Vehicle Manufacturers
While less common, vehicle manufacturers could potentially be held liable if evidence shows a defect with the original truck design or a component part led to an accident. Some examples include:
- Defective tires that blow out
- Brake failure
- Steering or suspension malfunction
- Seat belts or seats that fail in a crash
- Airbag non-deployment
Proving a product liability claim requires demonstrating the existence of a defect that renders the vehicle unreasonably dangerous as well as proving the defect directly caused the accident and injuries. Manufacturers may argue that truck owners failed to properly maintain and operate vehicles. Extensive investigation and expert analysis are usually required to succeed with a product liability lawsuit.
Shippers/Cargo Loaders
Parties responsible for loading trucks with cargo can also be held accountable if improper loading contributes to an accident. A shift in load weight during transport could cause rollover or jackknife crashes. Unbalanced, unsecured, or overloaded cargo could make trucks harder to control or require longer stopping distances. Hazmat shippers may also bear liability if toxic materials leak or spill in a crash. Proving cargo negligence requires accident recreation and engineering analysis to demonstrate causation.
Government Agencies
In limited circumstances, a government agency responsible for road design, maintenance or signage could bear liability for a truck accident. If high accident rates at a location indicate a dangerous road condition existed that should have been corrected, the agency may share some blame. These cases are challenging to prove and government immunity defenses apply. However, if a state or county failed to address known hazards or comply with safety standards for roads used heavily by large trucks, legal action may be warranted.
Other Motorists
While trucks often bear the most fault due to their massive size and limited maneuverability, other drivers involved in the crash could share comparative negligence. For instance, a reckless driver who cuts off a truck or causes an initial collision could be held partially liable. The conduct of all drivers is evaluated in determining accident fault and proportional responsibility. Even passengers in other vehicles who may have been able to prevent an impaired or negligent driver from getting behind the wheel could potentially share some liability in certain situations.
Insurance Companies
Injury victims can pursue legal action directly against a truck driver or company, but collecting compensation often depends on insurance coverage. Trucking companies are required to maintain minimum liability insurance limits, but higher policy limits and umbrella coverage may also apply. Companies who fail to insure trucks and drivers adequately could be responsible themselves for portions of a judgment. An attorney can identify all potential insurance sources to recover from after a crash.
Seeking Maximum Compensation
The negligent actions of multiple parties often contribute to a truck accident. Holding them accountable through a personal injury lawsuit is the most effective way for victims to recover full and fair compensation. Damages like medical expenses, lost income, pain and suffering, and wrongful death claims can add up to millions of dollars. An experienced truck accident attorney will thoroughly investigate all aspects of a crash to identify every liable party.
Those found negligent through legal proceedings can then be required to pay their proportionate share of any damages awarded. Contact us today to set up a free consultation with our team if you or a loved one has been harmed by a trucking accident in Hawaii. We will fight to obtain the maximum recovery you deserve.
Visit our office at 700 Bishop St, Ste 2100, Honolulu, HI, 96813.
Or call us today for a free consultation on (808) 745-1592.