Professional drivers operating large vehicles must obtain commercial driver’s licenses (CDLs). They must complete more driver’s education than the average motorist. They are subject to federal driving standards that impose more restrictions and demands on their conduct in traffic than the typical driver faces.
In theory, commercial drivers are safer due to higher educational requirements and substantial drive time that contributes to their overall experience. However, they can still make mistakes or lose control of their vehicles in traffic. Semi-trucks cause thousands of traffic fatalities every year.
Who is liable when a commercial truck is the vehicle at fault for a fatal crash?
The details determine crash liability
In theory, those who make mistakes or break the law are responsible for any collisions that result from their poor choices. Truck drivers who ignore traffic statutes by doing something obviously dangerous, such as speeding or drunk driving, could potentially be liable for the crashes they cause.
However, many truck drivers are employees. Their employers have vicarious liability for their negligence or misconduct while on the clock. The trucking company could very well be liable for the crash. It is even possible for a third party to be liable if maintenance issues, defective vehicle components or improper loading of the trailer caused the crash.
Determining who is liable is key for accessing insurance coverage or filing a wrongful death lawsuit. Those affected by fatal commercial vehicle collisions may have economic losses that far exceed the coverage available through commercial insurance.
Assessing commercial truck collision circumstances with a wrongful death attorney can help grieving families understand their options. Both insurance and court-awarded damages can potentially help to significantly offset the long-term economic impact of a tragedy.