How Can You Prove Negligence in a Truck Accident Involving Multiple Parties?

Modern big rigs are so huge that whenever a truck runs into trouble on the highway, the people and cars around it can easily get caught up with them. The results may be devastating. The NHTSA found that in 2021, 81% of trucks involved in fatal collisions crashed with multiple vehicles.

It’s difficult enough to seek compensation in a single-vehicle accident with a commercial motor vehicle (or CMV). Truck accidents almost always involve corporate liability, or rather corporate attempts to avoid liability, which complicates recovery.

Auto Accidents and Negligence in Louisiana

In personal injury matters, Louisiana is a “pure comparative negligence” state. Under Louisiana law, any person injured in an accident can claim compensation for damages, even if they were partly or mostly responsible for the accident.

However, their own responsibility will reduce the amount of damages they can claim. For example, someone who was 60% responsible for a car accident can only claim 40% of their damages. A collision with multiple trucks, cars, or people will divide the liability further.

Who determines the percentage of damages? Technically, it is the job of a court, but no one really wants to take an auto accident case to court. They would generally rather settle with an insurance company so that they can focus on recovery and moving forward. Insurance adjusters and investigators review the evidence from the accident and assess the percentage of fault for each party, together with a settlement offer or denial.

However, companies want to avoid as much liability as possible, so these assessments can be biased—or, in some companies, computer-generated, without any attention to the real people involved. Each party in a multi-vehicle accident should work with their own personal injury attorney to examine the evidence and defend their interests.

Determining Fault after Truck Collisions

When a CMV is involved in an accident, who is liable? It could be one or more of several parties, even if only one truck is involved.

Drivers

The driver may be at fault, partly or entirely, through distracted driving, unfamiliarity with the road, or plain carelessness. Even so, truck drivers can be under heavy stresses that may lead to accidents:

• Bad weather conditions
• Financial pressure
• Lack of sleep
• Untreated illness
• Drowsiness or erratic driving from medications or supplements

The state of Louisiana and the federal government (through the FMCSA) regulate truckers’ hours and medications to ensure safe operations. If a driver was breaking these regulations, it will help to show they had liability for the accident.

Trucking and Logistics Companies

The company that owns the truck may also be responsible, but often, the driver is an independent contractor. However, many truckers are leased owner-operators, renting their truck and working exclusively for one freight company. Whether the trucker acted independently or at their company’s direction can determine how much liability the company has.

Maintenance Issues and Vehicle Parts

The accident may have resulted from the failure of a crucial part. Truckers are required by law to make regular inspections and keep maintenance logs. If they failed to do so or drove despite an order to stay off the road, they can be liable for the result.

Vehicle parts may also fail through poor manufacturing or installation. In this case, the manufacturer or the mechanic responsible could be liable.

Other People

In a multi-vehicle accident, a single error can lead to a chain reaction of chaos. Another car or truck stopping short; an unexpected person in the road—one mistake can snowball on a crowded highway, creating a situation that a truck driver cannot easily escape.

Evidence and Investigation

A personal injury attorney reviews the evidence of the accident, taking all parties into account. Experienced truck accident attorneys know that they will need to investigate:

• Electronic logs from the truck drivers involved, showing their hours of service and rest
• Maintenance logs for the truck in order to investigate possible oversight, neglect, or defective parts
• All the event data recorders involved (EDRs). An EDR is a kind of “black box” recording the driver’s last actions in an accident. Trucks and newer passenger vehicles carry these
• Photos and videos of the accident site from people involved or from nearby automated cameras and witnesses
• Internet activity, if any, from the drivers involved, showing where they were and what they had been doing shortly before the collision

Speaking to an attorney as soon as possible is vital, as some of this information can disappear after an accident.

Any driver in a collision in Louisiana must give their name, address, vehicle registration number, driver’s license, and insurance information to other drivers or people injured in the crash. See La. R.S. 32:398. If you can safely move, be sure to get this information from other drivers and people involved. 

When it is safe for you to do so, you can gather evidence by:

• Taking photos and videos of the site
• Getting contact information from witnesses, if any
• Noting the road conditions and time of day of the collision

Let Us Take Charge

When you make an insurance claim through a personal injury attorney, insurance companies take you seriously. On average, you are more likely to recover—and to recover a greater settlement—with an attorney than without one. If you or your loved one has been involved in a truck accident in Louisiana, call our Lafayette office today at 337-242-7604 to schedule a free consultation.