A serious truck crash may involve more than a mistake by the driver. Trucking companies, maintenance providers and other businesses can each play a role in keeping a commercial vehicle safe. If more than one party helps cause the crash, several people or companies may be responsible for your injuries.
Who may share responsibility for a truck crash?
Commercial truck drivers and trucking companies, also called motor carriers, must follow certain federal safety rules. The Federal Motor Carrier Safety Administration (FMCSA) enforces many of these rules. The cause of the collision often determines who may be responsible. People or companies that may share responsibility include:
- A truck driver who speeds, drives while fatigued or violates other safety rules
- A trucking company that fails to properly hire, train or supervise a driver
- A repair company that does poor or incomplete work
- A company that loads or secures cargo unsafely
- A manufacturer if a faulty truck part helps cause the crash
Each party has different responsibilities. Driver logs, electronic logging device data, repair records and cargo documents may help show what went wrong. An electronic logging device, or ELD, records driving time and other trip information.
What if you also share some fault?
Massachusetts follows a comparative negligence rule, which means your compensation may depend on how much fault you share for the crash. You can generally recover compensation if your share of fault is 50% or less, meaning it is not greater than the combined fault of the other responsible parties. Your compensation is then reduced by your percentage of fault.
If several parties are legally responsible for the same injury, one party may sometimes have to pay more than its share of the damages. Massachusetts law allows that party to seek contribution from other jointly liable parties under specific rules.
Why identifying every responsible party matters
A serious truck accident may involve several companies, records and insurance policies. Sorting out how each party contributed can become difficult while you are also dealing with medical care, lost income and recovery.
Legal guidance can help identify who may be responsible and gather records that explain how the crash happened. An attorney familiar with commercial truck claims can also review the state and federal rules that may apply, helping you better understand your options without having to investigate every person or company involved on your own.