While driving through Tennessee, you might suddenly find yourself involved in a collision with a large truck. This type of crash can lead to severe damage, painful injuries and complicated legal issues.
After the accident, you may wonder who holds more liability, the truck driver or the company that employs them. The answer depends on the circumstances of your case, and depending on the details, multiple parties may share responsibility.
Individual driver liability
A truck driver may be considered responsible based on their behavior before or during the accident. Below are a few actions that may potentially increase their share of fault:
- Speeding or running through traffic signals
- Driving while fatigued or impaired
- Failing to check blind spots or signal properly
- Skipping federally required rest periods
Federal rules exist to ensure safe truck operations. However, when drivers ignore these standards, they may cause accidents and face legal or financial penalties.
Trucking company liability
As an employer, the trucking company plays a major role in setting expectations and enforcing safety. They must take steps to reduce risk across all areas of operation. A trucking company may be held liable for a crash when it is found that they:
- Fail to inspect or repair vehicles
- Pressure drivers to skip mandatory breaks
- Skip background checks on new hires
- Neglect to provide complete training programs
These kinds of failures can create risks for both truck drivers and others on the road. If the company is responsible for creating unsafe conditions, it may carry a larger share of the fault.
Shared or multiple liability
Some truck accidents result from a combination of errors made by more than one party, including drivers, trucking companies, repair shops, cargo teams or parts manufacturers. In such cases, the courts may distribute percentages of fault among each party involved.
To determine fault for truck accidents involving multiple parties, Tennessee courts apply the modified comparative fault system. Under this rule, if a party holds less than 50 percent of the blame, that party may pursue compensation. However, any award decreases in proportion to the party’s share of the responsibility.
Legal options after a truck accident
A truck crash can disrupt your daily life in a matter of seconds. In the aftermath, you may feel overwhelmed by the damage, the injuries and the legal issues that follow. As you consider what went wrong and who may be at fault, remember that liability depends on the facts. You may choose to reach out to a personal injury attorney who can help you explore your options and determine whether financial compensation might be available.