Truck Accident Lawsuit

Typically, heavy trucks are defined as vehicles with a total weight of more than 10,000 pounds, including their cargo and other components. This weight limit would exclude smaller pickup trucks but include heavier pickup trucks like the Ford F-350.

Vehicles that weigh 10,000 pounds or more are found in commercial and government vehicle fleets. Vehicles considered heavy trucks include:

• Box trucks
• Cement or concrete trucks
• Cranes
• Dump trucks
• Flatbed trucks
• Garbage trucks
• Semi-trucks (also called tractor-trailer trucks, 18-wheelers, big rigs, etc.)
• Tow trucks

There are also weight classifications, with heavy trucks starting at Class 3 (10,001 to 14,000 pounds) to Class 8 (more than 33,000 pounds).

What to know about semi-truck accident defendants

Truck owners are often named as defendants after a commercial vehicle crash. Heavy trucks can be owned and operated by individuals or entities. Owner-operators typically own or lease their vehicles. They also handle scheduling, maintenance, driving and other tasks associated with hauling cargo. Companies and government agencies also own heavy truck fleets.

Owners and operators are not the only types of defendants. These parties may also be held liable for a crash:

• Company drivers
• Government agencies
• Parts manufacturers
• Repair and maintenance companies
• Vehicle manufacturers

An attorney with experience litigating commercial vehicle crashes can review your case and determine which parties might be liable. Motley Rice attorneys have decades of experience with lawsuits against large, well-funded organizations who operate across multiple states.

Though less than 5% of the vehicles on the road are heavy commercial trucks, they were involved in more than 11% of fatal vehicle crashes on American roads in 2022.

The size, weight and speed of commercial trucks can make commercial truck crashes riskier for passenger vehicles. In more than 70% of truck crashes, people in passenger vehicles were injured. The truck driver was injured 27% of the time.

Every truck accident is different, with vehicles, road conditions and many other important factors. However, victims or their surviving loved ones may seek damages for:

• Emotional distress
• Funeral and burial costs
• Legal expenses
• Lost wages and expected future income
• Medical expenses
• Pain and suffering
• Property damage

In some cases, courts may also award punitive damages.

Settlements and awards for commercial vehicle injuries vary. It’s not possible for any attorney to promise a specific settlement amount. 

Judges, juries or mediators may evaluate the facts of a case to determine who’s responsible. An attorney can gather evidence and help plaintiffs share their experience in a way that is relatable and easy for judges and juries to understand. 

The defendants’ track record can also be a factor. A trucking company might limit its liability by:

• Using in-cab cameras to monitor driver distraction, speeding and other dangerous behavior
• Ensuring that drivers adhere to Hours of Service (HOS) regulations and use Electronic Logging Devices (ELDs) to log hours
• Using Daily Vehicle Inspection Reports (DVIRs) to ensure prompt maintenance

Some states also limit jury awards in commercial vehicle crash lawsuits. For example, a law Iowa enacted in 2023 limits noneconomic damages to $5 million. The limits in Iowa may not apply in certain circumstances, including when drivers use a cell phone while driving, break the speed limit by 15 or more miles per hour or drive when impaired.

When a major truck accident occurs, the National Transportation Safety Board (NTSB) is the public agency responsible for the investigation of the accident. Once the NTSB investigation is complete, it publishes a final report with its conclusions.

An attorney with experience in truck crashes can review the facts of your case, including the NTSB report, medical records, truck maintenance records, logbooks and other documentation. Next, your attorney might file a claim and negotiate a settlement. If they’re unable to settle, the case may have to go before a court.

The Federal Motor Carrier Safety Administration (FMCSA) is a division of the Department of Transportation that regulates commercial vehicles at the federal level. Other federal agencies also regulate trucks if they have regulatory control over contents of the shipment. For example, the Environmental Protection Agency has additional regulations for hauling hazardous materials. These agencies set standards such as driver licensing and medical requirements for motor carriers to operate on public roads.

Other key federal regulations include:

Hours of Service: The maximum amount of time drivers can spend behind the wheel. These regulations specify the amount and length of rest periods to ensure that drivers are awake and alert.

Daily Vehicle Inspection Reports (DVIRs): A daily pre- and post-trip inspection required by the FMCSA. The regulations require drivers to record basic information about the vehicle and its condition, at minimum.

States may also have their own regulations. For example, California is known for stringent vehicle emissions regulations, but Maine, Pennsylvania and Washington state laws emphasize securing loads.

The Federal Motor Carrier Safety Administration Large Truck Crash Causation Study (LTCCS) provided regulators and truck operators with insights into the causes of commercial truck crashes. The study examined data from 120,000 fatal heavy truck crashes from April 2001 to December 2003.

Critical events that made truck collisions unavoidable

The LTCSS authors evaluated a number of events that made a crash unavoidable. Below are key events and the percentage of commercial truck crashes they caused.

• 32% related to driving out of the travel lane, either off the road or into another lane
• 29% related to loss of control related to speed, cargo shift, vehicle maintenance, road conditions, etc.
• 22% related to rear-ending another vehicle in the truck’s lane

Other factors may have led to these events, such as driver performance errors or vehicle malfunctions.

Top 10 factors in heavy truck crashes

1. Brake issues
2. Traffic (congestion, previous crash)
3. Prescription drug use
4. Driving too fast for conditions
5. Unfamiliarity with the route/roads
6. Roadway problems
7. Forced to stop before the crash (traffic control device, crosswalk)
8. Over-the-counter drug use
9. Inadequate surveillance
10. Fatigue

Our law firm has litigated numerous transportation lawsuits, including plane crash injury, bus crash passenger injury and train crash injury and property damage lawsuits. Motley Rice attorneys have experience with all aspects of these cases, from reconstructing the event to gathering evidence and understanding the regulatory environment.

Read more about our experience advocating for victims of transportation injuries.