Who is Liable in a Cumberland County, VA Trucking Accident?

With Interstates 64, 95, and 85 running just a few miles east, truck accidents in Cumberland County, VA are far too common. According to Virginia Traffic Crash Facts, there were a total of 4,570 collisions involving commercial motor vehicles in 2017. These incidents took the lives of 94 victims, while another 1,877 people were hurt. Liability is one of the primary concerns when you’re filing a claim for compensation. As the victim of a collision involving a large truck, it’s essential to hold the correct party responsible for your losses. A trucking accident attorney will investigate and develop a proper strategy regarding your claim, but you may find it useful to review a list of potential parties.

The Truck Driver

The most direct, obvious party for liability purposes is the operator of the truck. Some examples of truck driver negligence include:

• Speeding or taking turns too quickly
• Failure to yield
• Following too closely
• Not complying with Hours of Service laws
• Other violations of Virginia’s traffic laws
• Distracted driving, such as texting, talking on the phone, or eating
• Many other careless acts that amount to negligence behind the wheel of a truck

A Trucking Company

When there is an employment relationship, the trucking company may also be responsible in a trucking accident. Employers are often held liable for the acts of their employees when workers are performing job-related duties, under the legal theory of respondeat superior. In addition, a truck company may be responsible where it failed to properly inspect or maintain the truck or trailer.

Cargo Loading Company

Some crashes can result from negligence by the entity that loaded cargo onto the truck’s trailer. If the loader didn’t fully inspect the cargo and sufficiently secure it, the company may be liable for containers, equipment, or other debris that falls off and causes an accident. This is a more common cause than most people realize, and it’s covered in more depth in our discussion of unsecured loads as a cause of Virginia truck accidents.

Other Potentially Responsible Parties

In addition to the above, you may seek compensation from other parties that were involved in creating a dangerous situation and causing a trucking accident. If a defect in the truck, trailer, or components was a factor, you may pursue the manufacturer for the losses you sustain as an injured victim. Plus, any company tasked with training and educating truck drivers must meet certain standards before the operator can be properly licensed.

You should also note that potential parties in a trucking accident usually have insurance policies to cover losses in the event of a crash. You will likely be filing a claim with an insurance company instead of pursuing the individual or company directly. Insurers can be difficult to work with, since they’re dedicated to protecting their profits, not your interests.

Why Multiple Liable Parties Actually Matters for Your Case

It’s worth pausing on why identifying every potentially responsible party matters so much in a trucking case. Commercial trucks are typically insured at far higher limits than passenger vehicles, but a driver’s personal policy, the trucking company’s commercial policy, and a cargo loader’s separate liability coverage may each apply to different pieces of what went wrong. Naming only the driver, when a trucking company’s poor maintenance practices or a loading company’s careless work also contributed, can leave real compensation on the table.

Once liability is established, your lawyer’s next job is building the evidentiary record to prove it, which often means pulling driver logs, maintenance records, and other documentation covered in our overview of what evidence a lawyer looks for in a truck accident case.

Discuss Liability With a Trucking Accident Attorney

For more information on truck collisions, please contact Herbert E. Maxey, Jr. at 434-969-4873 for a case evaluation. You’re in a better position to recover the compensation you deserve when you retain a lawyer experienced in trucking accidents, and Attorney Maxey has spent nearly five decades doing exactly that for families throughout Central Virginia, including Cumberland County and Farmville.

Frequently Asked Questions

Who is usually responsible for a trucking accident?

The truck driver is the most direct and obvious party, but the trucking company, a cargo loading company, a parts manufacturer, or even a driver training company may also share liability depending on what caused the crash.

What is respondeat superior, and how does it apply to trucking accidents?

Respondeat superior is a legal theory holding an employer liable for the negligent acts of an employee performed within the scope of their job, which often makes a trucking company liable for its driver’s negligence.

Can a trucking company be liable even if the driver made the mistake?

Yes, both under respondeat superior when the driver was performing job duties, and independently if the company failed to properly inspect or maintain the truck or trailer.

How can a cargo loading company be responsible for a truck accident?

If the loader failed to properly inspect and secure the cargo, the company can be liable for containers, equipment, or debris that falls off the trailer and causes a crash.

What if a defective truck part caused the accident?

You may be able to pursue the manufacturer of the defective part or component for the losses caused by that defect.

Will I be dealing with an individual driver directly, or with an insurance company?

Typically an insurance company. Potential liable parties in a trucking accident usually carry insurance policies, and claims are generally filed against those policies rather than pursued against individuals directly.

Why does it matter if more than one party is found liable?

Multiple liable parties often means multiple applicable insurance policies, which can significantly affect how much total compensation is available to cover your losses.

What are Hours of Service laws, and why do they matter?

Hours of Service laws limit how long truck drivers can be on the road without rest, and violations of these rules are a common example of truck driver negligence.

How does an attorney determine who is liable in a trucking accident?

Through investigation, which often includes reviewing driver logs, maintenance records, cargo loading documentation, and the truck’s own electronic data to identify every contributing cause.

How much does it cost to have my case evaluated?

Nothing. Consultations are free, and Attorney Maxey has represented trucking accident victims throughout Central Virginia, including Cumberland County and Farmville for nearly fifty years.