Who’s Liable In A Semi-Truck Accident? Driver Or Company?

May 13, 2025 · 7 min read

Several parties may share responsibility, including the truck driver or the trucking company. However, each party involved may carry different levels of liability. In most cases, it is assumed that the trucking company or the driver may be responsible. However, decisions cannot be made based on assumptions. Determining who’s liable requires a comprehensive investigation. The investigation should begin as soon as possible, and the process mostly includes gathering evidence at the accident scene as well as from other sources. To ascertain who (or what company) is at fault, your accident attorney will evaluate the accident's cause using the evidence at their disposal.

Why Is Truck Accident Liability So Complicated?

The federal government enforces the laws and regulates the commercial trucking sector. Items transported via trucks are mostly hazardous, and the size of vehicles and their loads make them more dangerous for other vehicles on the road. To improve commercial truck safety, the Federal Motor Carrier Safety Administration establishes guidelines, regulations, and responsibilities at every stage of the chain of operations. The FMCSA’s regulations guarantee that trucks and drivers may carry out their duties safely. Failure to comply with FMCSA regulations or general traffic rules may result in liability for any individuals or organizations involved in a truck accident. Accident liability is based on the concept of negligence. You must prove the existence of the following four elements to conclude that a party was negligent -

The party did not fulfill its obligation.
The vehicle accident resulted in verifiable injuries.
It was the party's duty to behave in a way that would fairly guarantee other people's safety.
The truck accident was either caused by or exacerbated by failing to adhere to the regulations set.

To hold someone responsible for the accident and your injuries, all four requirements must be satisfied. The truck driver and the trucking firm are often the two parties at fault in a truck accident. Hence, they may share liability at times.

How To Prove Liability In A Semi-Truck Accident Case?

Accidents involving semi-trucks are far more complex than car accident cases. This is because the injuries caused by semi-truck accidents can be worse due to the size of the vehicle. Though multiple parties can be involved, the trucking companies and their insurers can aggressively shift blame and reduce their loss. Hence, you are required to prove liability on behalf of the other party or parties to ensure you receive the compensation you deserve. Here’s how to prove liability in a semi-truck accident case -

Gather Evidence At The Accident Site

Any successful case starts at the scene of the accident.

Photographs and videos - It's crucial to document the scene. It is advisable to take pictures of the vehicle's damage, the state of the road, and any other visual proof that can be used to piece together what happened before the collision.
Statements from witnesses: Witnesses' firsthand recollections can frequently offer crucial context for what transpired. Hence, it is important to record any witness information so that their statements can support your claim.
Police report: After arriving on the scene, law enforcement frequently files a report that contains important information about the collision. These reports can offer an objective description of what happened, which can assist in determining who was at fault.

Examine The Driver's Error

Frequently, the semi-truck driver's carelessness or recklessness may have played a role in the collision. Here are some other factors that contribute to a truck accident -

Driver fatigue: Although it is legally essential for truck drivers to take rest periods, strict scheduling may result in infractions. A fatigued driver may react slowly or fall asleep while driving, which may lead to a crash.
Distracted driving - Truck drivers, like any other driver, are susceptible to being sidetracked by their phones or other electronics. Sometimes, eating while driving may also cause distractions, leading to accidents.
Substance use - Drivers of semi-trucks under the influence may also cause accidents due to impaired judgment and coordination.
Speeding - Large commercial trucks require more time to stop and maneuver, which makes speeding dangerous. Exceeding the limit can increase the chance of a collision.

Accountability Of The Trucking Company

Occasionally, the driver is not the only one responsible. If the trucking business did not fulfill its obligations to ensure safe operations, it might also be held partially liable. There are several ways a trucking company can be held accountable -

Negligent hiring procedures - Did the business adequately screen and instruct its drivers? The company may have been negligent if the driver lacked proper training or had a history of collisions. Also, if the company hires a driver with a history of unethical or unsafe driving practices, it may be found liable for accidents caused by that particular driver.
Maintenance logs - Routine maintenance is necessary for trucks to run safely. Maintenance logs must be reviewed to ensure the business is performing the necessary inspections and repairs. If the accident is caused by the truck's not being maintained and repaired, the company may be held responsible.
Infractions of regulations - Federal laws control trucking businesses. Liability may be established if the business breaks any of these rules, such as overloading trucks or forcing drivers to work past safe hours.

Examine Product Liability For Faulty Components

In some situations, the truck itself may be at fault. The manufacturer is held accountable if the accident was caused by a mechanical failure brought on by faulty parts. Accident attorneys also consult with specialists to determine whether faulty equipment, such as defective tires or brakes, contributed to the collision. Here are some common manufacturing defects that lead to accidents -

Defective brakes - If the brakes fail due to a manufacturing defect, the manufacturer is responsible for the accident.
Tire blowouts - If a tire is improperly manufactured, it can cause an accident. Hence, manufacturers are held accountable in such cases.
Engine or transmission failure - If the transmission or engine failure causes the driver to lose control of the vehicle, the manufacturer may be responsible for the accident.
Inadequate safety features - If the truck lacks safety features or has a design flaw that causes accidents, the manufacturer could be held liable for the damage.

Use Expert Testimony

Because semi-truck accidents are complicated, a personal injury lawyer in Reno frequently uses expert witnesses to support the client's claims. Experts in accident reconstruction can help identify the cause and circumstances of the collision. In addition, medical professionals may also be asked to testify regarding the severity of the injuries and how they may impact the quality of life going forward.

Takeaway

Cases involving truck accidents can be complex, involving several parties and rules and regulations. It may sometimes be very challenging to figure out who’s responsible. Hence, working with lawyers can help locate all possible sources of responsibility. An attorney can negotiate with insurance companies on your behalf to ensure that you are fairly compensated. Additionally, you don’t have to settle for an unreasonable settlement. Instead, you can get compensation that covers your medical bills, lost earnings, pain and suffering, and other damages, even though insurance companies frequently try to minimize compensation.

Need Help With a Trucking Accident Claim? Contact Bradley Drendel & Jeanney Now!

Semi-trucks are large, heavy-duty commercial vehicles, and when drivers ignore safety rules or trucking companies cut corners to save money, it can lead to devastating consequences. Most accidents occur due to negligence, driver fatigue, and poor maintenance. These accidents cause severe injuries or, in the worst cases, take lives. So, if you or your loved ones are involved in a semi-truck accident, know that we are ready to fight for you. You are entitled to file a claim, and we will help you do exactly that. At Bradley Drendel & Jeanney, we help you fight back, as insurance companies and manufacturing companies can easily shift the blame away from them. Reach out to Bradley Drendel & Jeanney as we stand by you and for you! We make sure your voice is heard!

Jul 16, 2026

How Much Is My Car Accident Claim Worth in Nevada?

After a crash in Reno, NV, you have the right to get compensation for your losses and damages from anyone who was at fault. Many people start this process by asking "how much is my car accident claim worth,” but it's not possible to put a number on your case without knowing the details. Talk to a lawyer as soon as you can, and keep reading to learn about the main elements that will shape the number. How Much Is My Car Accident Claim Worth in Reno, NV? The value of your claim is going to depend heavily on several factors, the four most important of which are: Liability Total damages Comparative negligence Skill and experience of your lawyer 1. Liability Liability is determined by who was negligent. Negligence happens when someone doesn't act the way a reasonable person in that situation would to protect themselves or others. In car wrecks, liability often comes down to asking, "Who failed to perform their duty towards other road users by failing to follow the laws or acting unreasonably?” If you can show someone was speeding, ran a red light, was driving distracted, or similar, you can usually hold them liable. 2. Total Damages Your damages break down into two categories: economic and non-economic. Economic These are the concrete financial losses, like medical expenses, lost wages from missed work, lost earning capacity if you can't return to the same job or hours because of your injuries, and property damage. These are the foundation of your claim. Non-Economic Pain and suffering, emotional distress, loss of enjoyment of life, and any lasting changes to your daily activities or relationships belong in this group. There is no fixed formula that automatically applies for calculating these. It all depends on the severity of your injury, how long recovery takes, whether the effects are permanent, and how the injury has altered your normal routine. It also depends on your attorney: a good attorney will know how to calculate this fairly and argue for it effectively. 3. Comparative Negligence Nevada uses the 50% comparative negligence rule, and that can affect your claim. So long as you're not more than 50% at fault, you can claim compensation, but your claim will get reduced by the same amount as your fault. So if you're found to be 15% at fault and are owed $23,000 in compensation, you'd end up with about $19,550. It's very important to have a lawyer if you have some fault in the incident, as your lawyer can make sure you're protected from any attempt to call you more at fault than you are. 4. Your Lawyer It matters whether your lawyer is experienced in personal injury cases and skilled at: Gathering evidence and putting it together clearly and effectively Negotiating with insurers and understanding their tactics for minimizing claims Dealing with the red tape of the Nevada legal system Arguing and winning in court, if needed To get the help your claim needs, visit Bradley Drendel & Jeanney in Reno, NV now or call us at 775-335-9999 for a free consultation. We've been protecting Nevada personal injury victims for over 70 years.

Aug 27, 2026

What Should You Do Immediately After a Truck Accident?

After a truck accident involving a large commercial vehicle, the things you choose to do (or forget to do) can have a big effect on your future claim. Here's what to do after a truck accident in Carson City, NV. What to Do After a Truck Accident in Carson City, NV Check for Injuries Check yourself and everyone in your vehicle for injuries the moment the vehicles stop, and remember that adrenaline can easily mask pain, broken bones, or internal injuries for a time, so always get checked out later even if you feel fine at the moment. If anyone feels dizzy, has neck pain, or struggles to breathe, help them stay still and wait for help unless there's a life-threatening emergency, such as a car fire. Call 911 right away so police and emergency medical crews can respond. If your car can still move and the roadway is unsafe, pull as far off the travel lanes as possible. Talk to First Responders When officers reach the scene, give them a factual account of what you saw and felt. Stick to the sequence of events and don't make any guesses about fault or offer any opinions. Ask for the report number and the name of the investigating officer before you leave, because that official record is an important piece of evidence you may need later. Get Evidence If you're well enough to do so, snap pictures of everything you can. Capture the positions of both vehicles, the truck's company name, the USDOT number on the truck and its license plate, and any visible cargo. Include pictures of any skid marks, junk in the road, weather conditions, traffic signals, and the surrounding roadway generally. Take pictures of your own injuries and the interior of your vehicle. Exchange Information Exchange basic information with the truck driver and any other involved drivers, if it is safe to do so and you are all well enough to do so. You should get names, registration, and insurance information from everyone, but from the truck driver you'll also need commercial license details and the motor carrier's name. Collect contact information from any witnesses who stopped. Talk to Your Insurer Notify your own insurance company as soon as you can, but provide only the basic facts of the collision. Avoid making any recorded statements to the trucking company's insurer until you understand the full scope of your losses and have talked to a lawyer. Be aware that commercial carriers love to send adjusters to the scene quickly and press you to make a recordered statement as soon as possible; the goal is to get you to say something they can use later to limit their losses. Always refer them to your lawyer. Contact a Lawyer As soon as you're able, contact a lawyer with experience in truck accident claims. These claims often involve multiple parties, from the driver and motor carrier to cargo loaders, third-party mechanics, and sometimes equipment manufacturers. Each may have different insurance layers and different defenses. Contact Bradley Drendel & Jeanney today in Reno, NV for a free consultation. We've served all of Nevada and Northeastern California for over 70 years.

Jun 18, 2026

What Is a Contingency Fee?

When an unexpected injury disrupts your life, you may have the right to bring a legal claim to get reimbursed for your losses and damages. But doing so on your own is hard for many reasons, not least of all because you've got to concentrate on healing and getting back to normal life. You might have thought of contacting a lawyer here in Reno and wondered just what a personal injury lawyer contingency fee is all about. Defining the Contingency Fee Arrangement A contingency fee is a payment structure where your lawyer only gets compensation if your case is successful. If there is no recovery, you owe no attorney fees. This arrangement is especially common in personal injury because it removes the barrier of having to come up with immediate legal costs just to pursue your rights. The lawyer's payment comes as a percentage of whatever is recovered. How the Personal Injury Lawyer Contingency Fee Typically Works When you go this route, your lawyer invests time, resources, and expertise with the understanding that payment depends entirely on their success. The percentage is agreed upon in advance, and sometimes it can increase if the case ends up requiring more work or has to go to trial. You and the lawyer sign a written contract that spells out the exact percentage and scale, how it applies to the total recovery, and other key terms. Once the funds arrive from your award, your lawyer deducts their fee according to the agreement, handles any liens or medical repayments that have to be reimbursed from it, and distributes the remainder to you. Written Agreements and Nevada Requirements Nevada rules basically require that the contingency fee agreement be in writing and signed by you, clearly state the method for calculating the fee, include the specific percentages that apply at different stages, and address how expenses are to be handled and whether you remain responsible for those if the case does not succeed. Fees vs Case Expenses The contingency percentage covers the lawyer's time and skill. Case expenses are other things, like court filing fees, the cost of getting expert witness reports, medical record retrieval, investigation expenses, and costs for doing deposition transcripts. In many personal injury cases, the lawyer advances these costs and only recovers them from the settlement proceeds if the case succeeds. Advantages of the Contingency Structure Access With this arrangement, you can afford to retain experienced representation without draining all your savings or taking on debt just to get started. Confidence With this arrangement, your lawyer has skin in the game. Their recovery depends on winning, and the amount they get depends on maximizing your compensation. Breathing Room Instead of worrying about monthly legal bills, you can focus on medical treatment and getting your life back on track. Talk to a Reno Personal Injury Lawyer to Learn More Call us today at Bradley Drendel & Jeanney in Reno, NV, where our nearly seven decades of focus on personal injury cases make us one of the state's most established firms.