Truck Accident Law

How Liability Works in Truck and Trailer Accident Cases

Establishing liability in truck and trailer accident cases requires identifying which parties failed in their legal duties and how those failures contributed to the accident. Multiple parties may share responsibility.

The truck driver bears responsibility for operating the vehicle safely, maintaining appropriate speed, staying alert, and complying with hours of service regulations. Driver negligence—including fatigue, distracted driving, speeding, or impaired driving—directly causes many truck accidents.

The trucking company that employs the driver faces liability for negligent hiring, inadequate training, failure to enforce safety policies, and pressure on drivers to violate hours of service regulations. Companies that prioritize speed over safety create dangerous conditions that lead to accidents.

Vehicle manufacturers may bear responsibility if defective brakes, steering systems, tires, or other components contributed to the accident. Trailer manufacturers similarly face liability for defective coupling systems, brake failures, or structural defects.

Maintenance providers who fail to properly inspect and repair trucks and trailers create hazardous conditions. Brake failure, tire blowouts, and lighting system failures often result from inadequate maintenance.

Cargo loaders who improperly load or secure cargo create instability that causes trailers to jackknife or roll, particularly in emergency maneuvers or adverse weather.

Federal regulations establish specific standards for all these parties. The FMCSA mandates driver qualifications, limits on hours of service, mandatory rest periods, vehicle inspection requirements, and maintenance standards. When parties violate these regulations and those violations contribute to an accident, they establish negligence. Our investigation identifies these violations and uses them to establish liability and pursue compensation.

Our Approach to Investigating Truck and Trailer Accidents

Thorough investigation forms the foundation of successful truck accident claims. Parker Waichman LLP conducts comprehensive investigations that preserve critical evidence and identify all liable parties.

We pursue multiple forms of evidence:

• Black box data from the truck’s electronic control module records speed, braking, acceleration, and other operational data in the moments before the accident
• Maintenance records revealing whether the truck received proper inspections and repairs
• Driver logs (electronic or paper) showing whether the driver complied with hours of service regulations
• Accident reconstruction by engineers who analyze the physical evidence, vehicle damage, and accident scene to determine how the collision occurred
• Expert witnesses including accident reconstructionists, medical experts, vocational rehabilitation specialists, and economists who testify regarding damages

We also obtain the truck’s inspection reports, maintenance schedules, and safety records. We review the trucking company’s hiring practices, training programs, and safety policies. We examine the cargo loading procedures and documentation. This comprehensive approach ensures that we identify every factor contributing to the accident and every party bearing responsibility.

Early investigation proves critical. Evidence deteriorates, witnesses’ memories fade, and accident scenes change. We move quickly to preserve evidence, interview witnesses, and document conditions. Our experience investigating truck accidents means we know which evidence matters most and how to obtain it before it disappears.

Frequently Asked Questions About Truck and Trailer Accidents

Contact Parker Waichman LLP for Your Free Truck Accident Consultation

Truck and trailer accidents create life-altering consequences for victims and their families. Catastrophic injuries demand compensation that reflects the full scope of damages—not just immediate medical bills, but lifetime care, lost income, and the profound impact on quality of life. Wrongful death cases require compensation that honors the victim’s memory and provides financial security for surviving family members.

Parker Waichman LLP brings 23+ years of experience, $2 billion in recoveries, and a team of dedicated attorneys to every truck accident case. We investigate thoroughly, identify all liable parties, and pursue maximum compensation. Our track record of recognition from peer organizations, our AV Preeminent rating, and our inclusion in Best Lawyers in America demonstrate our commitment to excellence.

You do not pay attorney fees unless we recover compensation for you. We advance all costs. Your consultation is free. Contact Parker Waichman LLP today to discuss your truck accident claim and learn how we can help you recover the compensation you deserve.

Call (516) 466-6500 now for your free consultation or schedule online at your convenience. We are available 24/7 to answer your questions and begin investigating your case.