Who Is Liable for a Truck Accident?

Truck accidents often involve multiple responsible parties. Unlike typical car crashes, where one driver is usually at fault, commercial trucking incidents can involve trucking companies, cargo loaders, maintenance providers, manufacturers, and even government agencies. Understanding who may be liable is critical when pursuing compensation for your injuries.

When a large commercial truck collides with a passenger vehicle, the consequences can be devastating. The sheer size and weight of tractor-trailers, delivery trucks, and big rigs mean that accidents often result in serious injuries or fatalities. Determining liability in these cases requires thorough investigation and knowledge of both federal and state trucking regulations.

At Maguire Law Firm, our attorneys work to investigate every potential source of liability in truck accident cases. We review driver logs, maintenance records, company policies, and other evidence to build a comprehensive picture of what went wrong and who should be held accountable.

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The Truck Driver and Employer

The truck driver is often the first party investigated after a crash. Driver negligence can take many forms, including speeding, distracted driving, driving under the influence, or violating hours-of-service regulations that limit how long a driver can be behind the wheel without rest.

Driver Violations

Federal Motor Carrier Safety Regulations require truck drivers to follow strict rules. When drivers break these rules, they may be held liable for resulting accidents. Common violations include:

• Exceeding the 11-hour daily driving limit or 60/70-hour weekly limit
• Failing to conduct pre-trip and post-trip vehicle inspections
• Operating a commercial vehicle while impaired by drugs or alcohol
• Using a handheld phone while driving
• Failing to maintain a safe speed for road and weather conditions

Trucking Company Responsibility

In many cases, the trucking company that employs the driver may also bear liability. Companies have legal duties to hire qualified drivers, provide proper training, maintain their fleet, and comply with federal safety regulations. When a company cuts corners to maximize profits, they put everyone on the road at risk.

Trucking companies may be liable when they:

• Fail to conduct thorough background checks or verify driver qualifications
• Pressure drivers to meet unrealistic delivery deadlines, encouraging speeding or hours-of-service violations
• Neglect to provide adequate training on vehicle operation and safety protocols
• Fail to maintain vehicles according to federal maintenance schedules
• Hire independent contractors to avoid liability while maintaining operational control

Our legal team investigates the company’s hiring practices, training programs, and safety policies to determine whether the trucking company contributed to the accident through negligent management or supervision.

Early Investigation Is Critical

Evidence can disappear quickly after a truck accident. Contact our firm to discuss how we can help preserve critical evidence in your case.

Related Article(s)

South Carolina Truck Accident Laws You Should Know

Wrongful Death Claims After a Truck Accident in South Carolina

Cargo Loaders and Freight Companies

Improper loading of cargo is a leading cause of truck accidents. When cargo is not secured correctly, it can shift during transport, causing the truck to become unstable. Overloaded trucks take longer to stop and are more difficult to control. Unevenly distributed weight can lead to rollovers or jackknife accidents.

Loading Company Duties

Companies responsible for loading cargo have specific obligations under federal law. They must follow proper procedures to distribute weight evenly, secure loads with appropriate tie-downs, and verify that the total weight does not exceed federal or state limits.

When loading companies fail in these duties, they may be held liable for accidents caused by:

• Cargo that exceeds the weight limits for the vehicle or specific axles
• Improperly secured loads that shift or fall from the truck
• Unbalanced cargo that makes the truck difficult to control
• Failure to use required load securement devices
• Inadequate inspection of cargo before transport

Freight Forwarders and Brokers

In some cases, third-party freight brokers or logistics companies may share liability. These intermediaries connect shippers with carriers. When they hire unqualified carriers or fail to verify that carriers have proper insurance and safety ratings, they may be held responsible if an accident occurs.

Our attorneys review contracts, shipping documents, and bill of lading records to identify all parties involved in the cargo loading and transportation process. This comprehensive approach helps identify every potential source of compensation for injured victims.

We Fight for Maximum Compensation

Identifying all liable parties can significantly increase the value of your claim. Contact us to learn how we can help you pursue full compensation.

Manufacturers and Maintenance Providers

Mechanical failures can cause devastating truck accidents. When brakes fail, tires blow out, or steering systems malfunction, the results can be catastrophic. In these cases, the companies that manufactured defective parts or failed to maintain the vehicle properly may be liable.

Manufacturer Defects

Truck manufacturers and parts suppliers have a duty to produce safe vehicles and components. When design flaws or manufacturing defects cause accidents, these companies can be held accountable through product liability claims.

Common defects that contribute to truck accidents include:

• Brake system failures that prevent the driver from stopping safely
• Tire defects that lead to blowouts, especially in dual-tire configurations
• Steering component failures that cause loss of vehicle control
• Defective trailer coupling systems that allow trailers to detach
• Faulty cargo securement equipment

Maintenance Provider Negligence

Regular maintenance is critical for safe truck operation. Federal regulations require trucking companies to follow detailed maintenance schedules and keep records of all services performed. When maintenance is deferred or performed incorrectly, serious accidents can result.

Maintenance providers may be liable when they:

• Fail to identify and repair known mechanical problems during scheduled inspections
• Use substandard or incompatible replacement parts
• Perform repairs incorrectly, creating new safety hazards
• Falsify maintenance records to cover up missed or inadequate service
• Fail to follow manufacturer’s specifications for service procedures

Our investigation includes reviewing maintenance logs, service records, and vehicle inspection reports. When mechanical failure contributed to your accident, we work to identify whether the problem stemmed from a design defect, manufacturing error, or inadequate maintenance.

Complex Cases Require Experienced Legal Support

Truck accident cases involving multiple parties demand thorough investigation and skilled legal advocacy. Our team is ready to help you navigate this process.

Truck Accident Lawyer?  Hire Maguire

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(843) 361-7549or Send Us Your Case Details

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Government Entities and Road Defects

Sometimes the condition of the road itself contributes to a truck accident. Dangerous road designs, inadequate signage, missing guardrails, or poor road maintenance can create hazards that lead to crashes. When government negligence in road design or maintenance plays a role, the responsible government entity may be held liable.

Dangerous Road Conditions

Government agencies have a responsibility to maintain safe roads and highways. This includes designing roads with appropriate curves and grades for large vehicles, installing adequate warning signs, and keeping the road surface in good condition.

Road defects that may contribute to truck accidents include:

• Potholes or pavement deterioration that causes drivers to lose control
• Missing or faded lane markings, especially in construction zones
• Inadequate signage warning of curves, steep grades, or changing road conditions
• Poorly designed intersections that create blind spots for truck drivers
• Missing guardrails on dangerous curves or near steep drop-offs
• Inadequate drainage that allows water to pool on the roadway

Special Procedures for Government Claims

Claims against government entities involve special rules and shorter deadlines. In South Carolina and many other states, you must provide notice of your claim to the government agency within a specific timeframe, often much shorter than the standard statute of limitations for personal injury cases.

Our attorneys understand these special procedures and work quickly to preserve your right to compensation when government negligence contributed to your truck accident. We review accident reports, engineering studies, and maintenance records to build a strong case for government liability.

Time Limits Apply to Government Claims

Don’t miss important deadlines. Contact us immediately if you believe road conditions contributed to your truck accident.

Gathering Evidence to Prove Liability

Proving liability in a truck accident case requires substantial evidence. The most effective cases are built on thorough documentation and investigation conducted as soon as possible after the crash.

Critical Evidence in Truck Accident Cases

Key types of evidence include:

• Electronic Control Module (ECM) Data: Often called the “black box,” this device records vehicle speed, brake application, engine performance, and other critical data before a crash
• Driver Logs and Hours-of-Service Records: These documents show whether the driver was complying with federal rest requirements
• Maintenance and Inspection Records: These files reveal whether the vehicle was properly maintained and inspected according to federal regulations
• Driver Qualification Files: These records show the driver’s training, license status, medical certification, and employment history
• Cargo Loading Documents: Bills of lading, weight tickets, and loading procedures help determine if cargo was properly loaded and secured
• Company Safety Policies: Internal policies reveal whether the company prioritized safety or pressured drivers to violate regulations
• Drug and Alcohol Test Results: Federal law requires testing after serious accidents
• Vehicle Event Data Recorder (EDR) Information: Modern trucks record detailed data about vehicle operation in the moments before a crash

Why Immediate Investigation Matters

Evidence can be lost or destroyed if not preserved quickly. Federal regulations only require trucking companies to maintain certain records for limited periods. Electronic data may be overwritten. Physical evidence at the accident scene can disappear. Witnesses’ memories fade over time.

Our firm acts quickly to send preservation letters to trucking companies, demanding that they preserve all relevant evidence. We work with accident reconstruction specialists, mechanical engineers, and other consultants who can analyze the evidence and help prove liability.

Important: Many trucking companies have legal teams and investigators working to protect their interests immediately after an accident. Having your own legal advocate from the start helps level the playing field and protects your rights.

Understanding the Chain of Liability in Truck Accidents

Truck Driver: May be liable for negligent driving, hours-of-service violations, distracted driving, or operating while impaired

Trucking Company: May be liable for negligent hiring, inadequate training, pressure to meet unrealistic schedules, or failure to maintain vehicles

Cargo Loader: May be liable for improper loading, overloading, inadequate securement, or weight distribution violations

Maintenance Provider: May be liable for inadequate inspections, improper repairs, or failure to follow maintenance schedules

Parts Manufacturer: May be liable for design defects, manufacturing defects, or failure to warn about product dangers

Government Entity: May be liable for dangerous road design, inadequate signage, or failure to maintain safe road conditions

How Multiple Parties Share Liability

In many truck accident cases, more than one party bears responsibility for the crash. South Carolina follows a modified comparative negligence system. This means that as long as you are less than 51% at fault, you can recover compensation from other responsible parties. The amount you receive is reduced by your percentage of fault.

When multiple defendants are liable, each may be responsible for a portion of your damages based on their degree of fault. In some cases, defendants may be jointly and severally liable, meaning you can recover your full damages from any one defendant, who can then seek contribution from the others.

Identifying all potentially liable parties is important because it increases the sources of compensation available. If one defendant lacks adequate insurance or assets, having other responsible parties helps provide full compensation for your injuries and losses.

Working With Insurance Companies

Truck accident cases often involve multiple insurance companies, each trying to minimize their payout. Trucking companies typically carry large commercial insurance policies due to federal requirements, but insurers fight aggressively to deny or reduce claims.

Common insurance company tactics include:

• Disputing liability by claiming the truck driver was not at fault
• Minimizing injuries by arguing that your condition was pre-existing or not serious
• Offering quick, low settlements before you understand the full extent of your injuries
• Delaying the claims process in hopes that you will give up or accept less
• Using recorded statements against you to dispute your version of events

Our attorneys handle all communications with insurance companies and work to protect your interests throughout the claims process. We document your injuries, calculate the full value of your claim, and negotiate from a position of strength.

Don’t Face Insurance Companies Alone

Truck accident cases involve complex liability issues and aggressive insurance companies. Contact Maguire Law Firm today to discuss how we can help protect your rights and pursue the compensation you deserve.

What Compensation May Be Available

Victims of truck accidents may be entitled to compensation for various losses, depending on the circumstances of their case. The value of each claim depends on the severity of injuries, the strength of evidence, and the insurance coverage available.

Potential compensation may include amounts for:

• Medical expenses, including emergency treatment, hospitalization, surgery, and ongoing care
• Lost wages from time unable to work during recovery
• Lost earning capacity if injuries prevent you from returning to your previous occupation
• Physical pain and emotional suffering caused by the accident and injuries
• Property damage to your vehicle and personal belongings
• Disability or disfigurement resulting from permanent injuries
• Loss of enjoyment of life when injuries prevent you from participating in activities you previously enjoyed

In cases involving extreme negligence or intentional misconduct, punitive damages may also be awarded. These damages are designed to punish the wrongdoer and deter similar conduct in the future.

Hurt in an Accident? Hire Maguire

Hurt? You Need Our Help

Give us a call for a FREE & CONFIDENTIAL Case Review*

(843) 361-7549or Send Us Your Case Details

(843) 361-7549

or Send Us Your Case Details

The Importance of Legal Representation

Truck accident cases are among the most complex personal injury claims. They involve federal and state regulations, multiple potentially liable parties, large insurance companies with aggressive defense teams, and sophisticated accident reconstruction.

Our attorneys at Maguire Law Firm have experience handling these complex cases. We investigate thoroughly, consult with specialists when needed, and advocate vigorously for our clients. We understand the tactics insurance companies use and work to counter them at every turn.

From the initial investigation through settlement negotiations or trial, we work to help you pursue fair compensation. We handle the legal complexities so you can focus on your recovery.

Schedule Your Free Case Evaluation*

If you or a loved one was injured in a truck accident, contact Maguire Law Firm today. We offer a free initial consultation to discuss your case and explain your legal options.

* Disclaimer: Past results do not guarantee future outcomes. “Free* consultation” or “Free* Case Evaluation” refers only to the initial evaluation of your case and does not imply that legal representation is free*. Clients may be responsible for costs in addition to the attorney’s fees. Percentage fees are calculated before deducting costs from the gross recovery. No comparison is intended or implied between Maguire Law Firm’s services and those of other lawyers. Testimonials and endorsements do not constitute a guarantee, warranty, or prediction regarding the outcome of your case. Attorney Ian Maguire, Office: 1601 North Oak Street, Myrtle Beach, SC 29577.