Determining fault is a critical and complex aspect of personal injury cases that stem from commercial truck accidents. Truck accident cases are often much more complicated than cases involving passenger vehicle accidents, partially due to the involvement of multiple parties, such as drivers, trucking companies, and cargo loaders. When truck accidents occur, the stakes are high, and there can be significant financial and legal implications for truck drivers and their employers. Washington state law provides specific guidelines for ensuring a fair determination of fault for all parties. The Washington truck accident attorneys at Russell & Hill, PLLC have extensive experience navigating Washington truck accident laws and providing legal defense for both truck drivers and trucking companies.
Washington State Comparative Negligence Laws
Determining fault in commercial truck accidents involves reviewing all causes of the accident, which may or may not be the result of one factor. Comparative negligence is a legal doctrine that allocates fault among all parties involved in an accident based on their respective contributions to causing the incident. Washington state follows a “pure comparative negligence” system, which means that even if a party is more than 50% at fault, they can still recover damages, albeit reduced by their percentage of fault. In commercial truck accidents, some potential parties at fault include the truck driver, the truck driver’s employer, the other driver or drivers involved in the collision, and any number of third parties such as cargo loaders and maintenance providers.
Based on Washington’s comparative negligence laws, consider the following example:
A commercial truck driver collides with a car on the highway. The investigation reveals that the truck driver was speeding and was 40% at fault, the car driver ran a red light and was 50% at fault, and the city failed to properly maintain the traffic signal and was 10% at fault. In this case, each party’s compensation for their injuries would be reduced by their respective fault percentages.
Accident Causes in Fault Determinations
Some primary considerations in the percentage of fault determinations in commercial truck accidents include:
Driver Error and Negligence
Common driver errors include speeding and driving while fatigued, distracted, or impaired. Driver error amounts to negligence when the driver fails to exercise the standard of care that a reasonably prudent person would in similar circumstances, leading to an accident. Some other examples of conduct that can amount to negligence are failing to follow traffic laws, trucking regulations, and safety protocols. The impact of driver error is much more serious for drivers of commercial trucks because of the immense weight of their vehicles.
Road and Weather Conditions
Washington’s weather, and above-national-average rainfall, are among the causes of trucking accidents. Heavy rainfall can cause limited visibility for drivers and wet, slippery road conditions. Road maintenance is also a significant factor in trucking accidents, as potholes, cracks, debris, and obstructions can force trucks to make sudden maneuvers, increasing the risk of collisions. Another road-related factor leading to commercial truck accidents is road design. For example, roads with sharp turns, improper banking, narrow lanes, and bridges or tunnels with low clearance can create risks that are particularly amplified for drivers of extremely large vehicles.
Improperly Maintained Vehicles
All vehicles traveling on public roadways should be regularly maintained to ensure that they are safe to operate. Though Washington state law does not require any type of safety inspections for passenger vehicles, it does impose some stricter regulations on commercial trucks. These regulations align with the Federal Motor Carrier Safety Regulations (FMCSRs) and mandate that commercial trucks follow a scheduled maintenance program and undergo regular inspections to ensure that they meet all safety standards. The FMCSRs also require drivers of commercial trucks to conduct their own inspections before a trip, while en route, and after a trip is completed.
Cargo Loading and Securement
Improperly loaded or secured cargo on commercial trucks impose serious risks that can lead to accidents. Both federal law and Washington state law require strict procedures for loading and securing cargo on commercial trucks. Generally speaking, loaders and shippers bear the responsibility for securing cargo. However, truck drivers have a duty to periodically inspect if cargo was loaded and secured properly, to ensure that the load is distributed evenly and securely fastened to prevent any shifting during transit.
Trucking Company Negligence
Trucking companies have a substantial responsibility to ensure that their operations do not endanger anyone. This includes the hiring and training of competent drivers, maintaining vehicles in safe operating condition, and complying with all relevant federal and state regulations. When a trucking company fails in these duties, it can be found liable for accidents resulting from its negligence. For instance, if a company hires a driver without adequately checking their driving history or fails to provide sufficient training, it can be held responsible for accidents caused by the driver’s lack of skills or knowledge. Additionally, a company’s failure to enforce proper maintenance schedules or to address known mechanical issues can directly contribute to accidents, making the company liable for the resulting damages. The company’s adherence to the Federal Motor Carrier Safety Regulations (FMCSRs) is critical, as violations can significantly impact fault determinations in the event of an accident.
The Process for Determining Fault
The legal process for determining fault in commercial truck accident cases involves critical steps that directly impact the outcome of your claim. Our experienced truck accident attorneys can understand this process and can help ensure that your rights are protected and that you receive the compensation you deserve. Here’s how the process typically unfolds:
- Initial Investigation: When a commercial truck accident occurs, the Washington State Patrol or other law enforcement may arrive at the scene to conduct an initial investigation. Their primary goal is to assess the scene of the crime, document any available evidence, and determine the immediate cause or causes of the accident. Available evidence might include visible vehicle damage, road conditions, photographs of the scene, and statements from drivers, passengers, and witnesses.
- Police Report: Law enforcement will usually generate an accident report that includes any findings from their initial investigation and any citations issued for traffic violations. This report is key to your case because it provides a detailed account of the incident and can heavily influence fault determination.
- Reporting the Accident: Report the accident to your insurance companies as soon as possible. Truck drivers are also required to report the accident. Prompt reporting ensures that the insurance process can begin without unnecessary delays. It is important to provide an accurate and comprehensive account of the accident to avoid complications later on. However, when reporting the accident, don’t admit fault, make statements about the extent of your injuries, or agree to any settlements without consulting with an attorney. This precaution helps protect your rights so that you will receive fair treatment throughout the claims process.
- Insurance Investigation: Once an accident is reported, the insurance company conducts its own investigation to determine fault and assess the extent of damages suffered by all parties involved. These investigations involve reviewing accident reports, interviewing involved parties, and analyzing any evidence collected from the scene. While the truck driver and their company will be part of this investigation, you should cooperate fully with insurance investigators and provide any requested documents or information promptly. Remember to avoid making statements that could be interpreted as admitting fault or minimizing your injuries.
- Challenges with Insurers: Insurance companies may attempt to minimize their liability by disputing fault or downplaying the extent of damages. This can complicate the claims process and delay compensation. Having a lawyer during this phase can help ensure that your rights are protected and that all involved insurance companies are handling your claim fairly and determining percentages of fault in accordance with the available facts.
- Litigation: If the parties involved and their insurance companies cannot reach a determination of fault that everyone is content with through negotiations, litigation may become necessary. This step involves one or more parties filing a lawsuit to resolve the dispute in court. Truck drivers and their employers should be prepared for this possibility and understand the legal implications of going to court before rejecting settlement offers.
Role of an Attorney in Fault Determinations
When involved in a commercial truck accident out of no fault of your own, the complex nature of fault determination and the potential for litigation make securing an experienced truck accident attorney key to getting the compensation you deserve. Here are some reasons that working with an attorney following a trucking accident is immensely important:
- Knowledge: Attorneys specializing in commercial truck accidents possess in-depth knowledge of Washington’s comparative negligence laws, as well as all pertinent state and federal trucking regulations.
- Ability to Gather Evidence: Qualified truck accident attorneys can quickly mobilize investigators to gather critical evidence including vehicle damage assessments and witness statements. They can also ensure that electronic data from the truck’s black box and Electronic Logging Devices (ELDs) is preserved. This provides valuable information about the truck’s speed and braking, as well as the driver’s hours of service leading up to the accident.
- Effective Communication: Insurance companies often employ tactics to shift blame and reduce payouts. Skilled attorneys understand these strategies and can counteract attempts to undervalue or deny your claim.
- Maximizing Compensation: Truck accident attorneys work hard to secure the maximum possible compensation for both truck drivers and their employers. These payouts can cover medical expenses, lost wages, lost revenue, property damage, and pain and suffering. They can also negotiate settlements that reflect the true extent of trucking company losses, avoiding the need for prolonged litigation.
- Litigation: If negotiations fail and the case goes to court, having an experienced truck accident attorney is vital for minimizing liability and securing adequate compensation for damages. These attorneys handle all aspects of litigation, from filing the complaint and managing the discovery process to representing you in court. They prepare a compelling case and present the evidence and arguments persuasively to a judge or jury to minimize liability for their clients.
- Protecting Your Interests and Reputation: Hiring an attorney is an effective tool to minimize liability for trucking companies and help protect their financial health and operational continuity. Entrusting a skilled attorney to handle these cases effectively can help maintain or restore a professional reputation following a serious or highly publicized commercial trucking accident. These attorneys can also advise trucking companies on public relations strategies and interactions with regulatory bodies.
If You’ve Been in a Commercial Truck Accident
If you were in an accident with a commercial truck or vehicle Russell & Hill, PLLC can provide expert guidance and representation. Our experience and dedication help our clients navigate the complex legal challenges associated with determining fault in trucking accident cases. We offer victims thorough case management, effective negotiation skills, and strong litigation capabilities to ensure that their rights are defended and their interests are represented to the highest extent. Contact us today by calling 800-529-0842 or visiting our Contact Page.