Who Pays When an 18-Wheeler Driver Causes an Accident?

The answer may be more complicated than simply "the truck driver’s insurance."

Commercial trucking operations can involve multiple companies, multiple contracts, and multiple insurance policies. Depending on why the wreck happened and how the transportation operation was structured, responsibility may extend beyond the person sitting behind the wheel.

That is why identifying the driver is only the beginning of a serious 18-wheeler investigation.

The Truck Driver

The driver’s actions are an obvious starting point.

A truck driver may cause a collision by:

• speeding;
• following too closely;
• texting;
• driving while distracted;
• driving while fatigued;
• running a red light;
• failing to yield;
• making an unsafe lane change;
• driving too fast for weather conditions; or
• failing to maintain control.

If the driver’s negligence caused the collision, the driver’s conduct can form an important part of the claim.

But the next question is critical:

Who was the driver working for or driving on behalf of?

The Trucking Company or Motor Carrier

In many cases, the motor carrier or employer may need to be investigated.

A company can potentially become relevant because of its relationship with the driver or because of its own conduct.

Issues can include:

• hiring;
• driver qualification;
• training;
• supervision;
• scheduling;
• safety practices;
• vehicle inspection; and
• maintenance.

Suppose a trucking company knew a driver had significant safety problems but continued putting that driver behind the wheel.

Or suppose a company ignored reported brake problems.

Those facts raise questions beyond the driver’s momentary mistake.

The Tractor Owner

The company whose name appears on the truck may not necessarily own the tractor.

Commercial tractors can be owned, leased, or operated under different business arrangements.

Ownership records and leasing agreements may need to be reviewed to understand the relationships between the businesses involved.

The mere fact that someone owns equipment does not automatically establish liability, but ownership can be an important part of determining who controlled, maintained, or insured the truck.

The Trailer Owner

The tractor and trailer may have different owners.

That means investigators should document identifying information from both pieces of equipment whenever possible.

If a condition involving the trailer contributed to the crash—for example, maintenance or equipment problems—its ownership and maintenance history may become particularly important.

A Maintenance or Repair Company

Mechanical failure can change the scope of an investigation.

Consider an 18-wheeler that cannot stop because of a brake problem.

Questions may include:

• When were the brakes last inspected?
• Were problems previously reported?
• Who performed the last repairs?
• Did the trucking company know repairs were needed?
• Was the truck returned to service despite an unsafe condition?

A maintenance contractor or repair provider may require investigation if its work contributed to the collision.

A Cargo Loader or Other Company

Improperly loaded or secured cargo can affect a truck’s stability and handling.

Cargo can shift, fall from a trailer, contribute to a rollover, or create other hazards.

Depending on the facts, it may be necessary to investigate who loaded, secured, or controlled the cargo.

Again, this does not mean every business connected to a shipment is automatically liable.

The evidence must establish what each company actually did and whether that conduct contributed to the wreck.

So Who Actually Pays?

Usually, the practical answer involves insurance or another financial-responsibility arrangement associated with one or more legally responsible parties.

Potential sources can include:

• commercial auto liability insurance;
• a driver’s applicable coverage;
• employer or motor-carrier coverage;
• excess insurance;
• umbrella coverage;
• self-insurance arrangements; or
• policies belonging to additional responsible businesses.

The applicable coverage depends on the facts and policy terms.

How Much Insurance Does an 18-Wheeler Have?

There is no single answer for every truck.

Federal regulations impose minimum financial-responsibility requirements on certain motor carriers. For example, FMCSA materials identify a $750,000 minimum for certain for-hire interstate property carriers operating vehicles with a gross vehicle weight rating of at least 10,001 pounds and carrying nonhazardous property.

Certain hazardous-material operations are subject to higher minimums.

But those numbers are minimum regulatory requirements for specified operations, not a promise that a particular accident has a particular amount of available insurance.

Some companies may purchase coverage above the applicable minimums. Some may have excess or umbrella layers. Other coverage questions can arise when several companies are involved.

The actual insurance must be investigated.

Why Multiple Defendants Can Matter

Imagine an accident where:

1. the driver was fatigued;
2. the motor carrier allegedly scheduled the driver unsafely;
3. a maintenance provider recently worked on the truck’s brakes; and
4. another company loaded the trailer.

A proper investigation asks which factors actually contributed to the wreck.

If more than one business is legally responsible, each may have different insurance or financial arrangements.

That is one reason a serious trucking case should not automatically be treated like a routine claim against the policy shown on the accident report.

What Evidence Helps Determine Who Should Pay?

Useful evidence may include:

• police reports;
• photographs;
• witness statements;
• dashcam footage;
• electronic truck data;
• ELD records;
• GPS information;
• dispatch records;
• driver qualification files;
• inspection records;
• maintenance history;
• repair invoices;
• employment records;
• contracts;
• leases;
• cargo documents; and
• insurance information.

These records help answer two separate questions:

Who caused or contributed to the wreck?

and

What insurance or other resources may apply to those responsible parties?

What If the Trucking Company Says the Driver Is an Independent Contractor?

Do not assume that statement ends the investigation.

Commercial transportation relationships can be complicated.

Labels used in contracts do not necessarily answer every legal question about responsibility, control, motor-carrier relationships, equipment ownership, or insurance.

The relevant contracts, operating relationships, federal requirements, and facts surrounding the trip may need to be examined.

What If the Trucking Companies Blame Each Other?

That can happen when several businesses are connected to a shipment.

One company may blame the driver. Another may blame a maintenance contractor. Another may claim it merely owned equipment. Another may point to a cargo company.

Those disputes are another reason preserving evidence matters.

Rather than relying exclusively on what each business says, an investigation can examine records, electronic data, contracts, witnesses, and physical evidence.

What Can an Injured Person Seek Compensation For?

Depending on the circumstances and Louisiana law, an injury claim may involve damages related to matters such as:

• medical expenses;
• future medical care;
• lost wages;
• reduced earning capacity;
• physical pain;
• permanent impairment; and
• other legally recoverable losses.

Catastrophic cases may require medical, vocational, economic, or other expert analysis to understand long-term effects.

Wrongful-death cases raise additional issues for surviving family members.

Investigate the Entire Trucking Operation

If an 18-wheeler driver caused your Louisiana accident, don’t assume the driver’s insurance card tells the entire story.

The more useful questions are:

Who employed or controlled the driver? Who owned the tractor? Who owned the trailer? Who maintained the equipment? Who loaded it? Why did the crash occur? And what insurance applies to each responsible party?

Jacqueline Scott & Associates can investigate those questions after a serious Louisiana 18-wheeler wreck.

Make ’Em Pay.

Call (318) 746-5997 to discuss your case.

Every case is different. Results depend on the specific facts and circumstances of each individual matter. Prior results do not guarantee a similar outcome. This article is general educational information and does not constitute legal advice.

This article is general information about Louisiana law and is not legal advice. Laws and deadlines can change, and every case depends on its own facts. Past results do not guarantee or predict future outcomes. Reading this page or contacting the firm does not by itself create an attorney-client relationship.