Commercial truck accidents are often more complex than other types of traffic accidents. Questions of liability and responsibility arise concerning the truck driver, his/her employer, the owner of the truck, and the trucking company. Understanding who may be liable for your truck accident requires some industry expertise. The attorneys at Ragain & Cook, PC, have more than four decades of litigation experience in Montana, including handling many complicated truck accident cases. Contact our Billings truck accident attorney to see how we may be able to help you secure compensation for your injuries.
Truck Driver Negligence in Montana
Truck accidents generally lead to more catastrophic injuries and fatalities than ordinary traffic collisions due to the size and weight of the tractor-trailers. In 2014, 3,978 fatal accidents were reported that involved buses and large trucks. Despite the inherent dangers of these massive vehicles, not all truck drivers take their roadway responsibilities seriously. Some truck drivers text, talk, eat, and drink on the road. Others consume alcohol or drugs before driving to help them stay awake or cope with long hours on the highway.
A common cause of trucking accidents is drowsy driving, due to drivers being overworked and pressured to meet deadlines. If driver negligence is to blame for a trucking accident, the driver may be liable for injuries. This may be the case if the truck driver is an independent contractor and not an employee of the trucking company.
Trucking Company Negligence
If the driver is an employee, accident victims may be able to sue the company as well as the individual driver. A trucking company may be responsible for an accident if it is guilty of negligent hiring, retention, or training practices. For example, if a company hires a driver with a history of distracted driving accidents, the company may be responsible for a subsequent crash since it knew or reasonably should have known of the driver’s behaviors.
A company may also be liable for an accident if its own negligent practices caused the accident, such as poor vehicle maintenance or improper loading. In some cases, a company may be responsible for drowsy driving accidents. This may be the case if the employer pressured or coerced drivers into exceeding their hours of service regulations to meet a deadline.
In the past, trucking companies often escaped liability by contracting employees and leasing vehicles. Therefore, it would not be responsible for employee actions or vehicle malfunctions. Today, however, federal regulations make any company that owns a trucking permit responsible for accidents involving fleet vehicles with the company’s name. This often makes it easier for injured parties to obtain compensation from negligent trucking companies.
Other Potential Defendants in a Truck Accident Case
A third-party manufacturer may also be responsible for an accident if a defective or dangerous vehicle part caused the accident. For instance, if defective brakes caused the truck to skid and flip over, the brake manufacturer or distributor may be responsible for producing a product that was defective or inherently dangerous. Other parties involved may be drivers in the accident, a roadway maintenance crew, or even the city of Billings for improper road maintenance. Speak to an attorney to learn the probable defendant(s) in your particular truck accident.
If you think you were partially at fault for a truck accident, you may still receive compensation. Montana is a modified comparative negligence state, meaning the courts will divide fault between multiple parties if necessary. The courts will then subtract each party’s percentage of fault from his or her compensation award. Contact Ragain & Cook, PC, after a truck accident for experienced legal advice. We understand trucking industry rules and regulations, and we can help you defend your rights in the face of truck driver or company negligence.
“I first met Jim Ragain in July of 2010. I was stuck in a hospital bed after a bilateral BK amputation. Jim and Lynette are two people I consider a second family. They were thorough and kept me informed every step of the way. I was able to put my life back together with the help I received from Jim Ragain. I would suggest Ragain and Cook to anyone that needs help after being injured and wants knowledgeable lawyers. Thank you Jim and Lynette I will forever be in your debt for all the help and support you gave my family.” – F.M.