Gina M Corena at GIna Corena & Associates

Founding Member & Managing Partner at Gina Corena & Associates

Practice Areas: Personal Injury

Truck accidents are some of the most dangerous crashes on the road. With their sheer size and weight, commercial trucks can cause catastrophic injuries and property damage in an instant. When such accidents happen, proving liability is crucial to securing compensation. But determining who is responsible isn’t always straightforward. Multiple parties may be at fault, from the truck driver to the trucking company, the maintenance team, or even the crew responsible for loading the cargo.

Understanding the different types of truck accidents and how liability is determined can help victims navigate their legal options. Whether it’s liabilities of truck brake failures, proving responsibility in a trucking accident, or load crew liability in truck accidents, every case requires careful investigation.

Common Types of Truck Accidents and Liability Factors

Rollover Accidents

Rollover accidents occur when a truck tips over onto its side or roof. These crashes can be devastating, especially when other vehicles or pedestrians are in the truck’s path.

A rollover can happen due to driver error, excessive speed, or sudden swerving. High winds and improperly loaded cargo can also contribute to the truck’s instability.

Who is liable?

If the driver was speeding or making reckless maneuvers, they are likely responsible. However, if the accident resulted from improperly loaded cargo, the load crew or trucking company may be at fault for failing to ensure the truck’s stability.

Common Types of Truck Accidents - Rollover Accidents

Jackknife Accidents

A jackknife accident happens when the trailer swings forward at an angle, forming an L or V shape with the truck cab. This can block multiple lanes of traffic and cause serious collisions.

These accidents often occur when a driver brakes suddenly, especially on wet or slippery roads. Improperly loaded cargo or poorly maintained brakes can also increase the risk.

Who is liable?

If reckless braking caused the jackknife, the truck driver may be responsible. If improper weight distribution is contributed, the cargo loading company may share liability. A lack of proper brake maintenance could also make the trucking company accountable.

Brake Failure and Mechanical Failures

One of the most dangerous failures in a truck accident is brake malfunction. Given that an average commercial truck can weigh up to 80,000 lbs, losing braking control can have disastrous consequences.

“According to the National Highway Traffic Safety Administration (NHTSA), brake-related issues account for 29% of all large truck crashes in the United States.”

Poor maintenance, defective brake parts, or ignoring early warning signs can all lead to brake failure.

Who is liable?

The trucking company is responsible for ensuring proper maintenance. If the brakes were defective, the manufacturer may be at fault. If the driver ignored warning signs of brake failure, they may also share liability.

FMCSA Regulation on Brake Maintenance:

49 CFR § 396.3 requires motor carriers to systematically inspect, repair, and maintain all motor vehicles subject to their control to ensure safe operation.”

Falling or Shifting Load Accidents

Cargo that isn’t adequately secured can shift unexpectedly, making the truck lose balance and even spill its load onto the road

FMCSA Cargo Securement Rules (49 CFR § 393) state that all cargo must be secured to prevent shifting during transit. Failure to do so can result in severe penalties.

Who is liable?

The load crew is primarily responsible for ensuring that cargo is secured correctly. However, if the truck driver fails to inspect the cargo before departure, they may also bear some responsibility.

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Tire Blowouts and Other Mechanical Failures

Tire blowouts are another common cause of truck accidents. A sudden burst tire can cause the driver to lose control and cause a serious crash.

Overinflation, underinflation, manufacturer defects, and improper maintenance are all potential causes.

Who is liable?

If the tire was defective, the tire manufacturer may be responsible. If the trucking company failed to conduct proper maintenance, it could also be held accountable.

How to Prove Responsibility in a Trucking Accident

Determining liability in a truck accident requires strong evidence. Several pieces of documentation can be crucial in proving fault:

  • Police reports and witness statements provide initial details of the accident.
  • Black box (ECM) data records speed, braking patterns, and vehicle movements before the crash.
  • Truck maintenance logs show whether the vehicle was properly serviced.
  • Driver logs can reveal violations of Hours of Service (HOS) regulations, which limit how long a truck driver can be on the road without rest.

Truck accident fault needs evidence

Hand Truck Accidents and Liability

Not all trucking accidents involve large commercial vehicles. Hand truck accidents—which involve manual carts used in warehouses, deliveries, and logistics—can also lead to serious injuries.

Suppose a hand truck accident occurs due to poor equipment maintenance, overloading, or improper handling. In that case, liability may fall on the employer, the worker responsible, or the company supplying the hand truck.

Liability Comparison Table

Accident Type Primary Cause Potential Liable Parties
Rollover Accidents Speeding, improper loading Driver, trucking company, load crew
Jackknife Accidents Sudden braking, improper weight distribution Driver, trucking company, cargo loaders
Brake Failures Poor maintenance, defective parts Trucking company, brake manufacturer, driver
Shifting Load Accidents Improper cargo securing, overloading Load crew, truck driver, trucking company
Tire Blowouts Overinflation, manufacturer defects Tire manufacturer, trucking company

Frequently Asked Questions

Who is responsible for a trucking accident caused by brake failure?

Multiple parties can be held liable, including the trucking company (if maintenance was ignored), the brake manufacturer (for defective parts), or the driver (if they ignored warning signs).

Can the cargo loading company be held liable for an accident?

Yes, if improper cargo securing or overloading caused the crash, the company responsible for loading the truck may be held accountable.

What evidence is crucial in proving liability in a trucking accident?

Black box data, police reports, maintenance logs, driver logs, and witness statements can all help establish liability.

Are trucking companies liable for independent contractor drivers?

In some cases, yes. Even if a driver is an independent contractor, companies may still be responsible if they fail to conduct proper background checks or enforce safety regulations.

What legal options do I have if I’m involved in a truck accident?

You may be able to file a personal injury claim against the at-fault parties, including the driver, trucking company, maintenance providers, or manufacturers. A truck accident attorney can help determine your legal options.

Conclusion

Truck accidents can be devastating, often leading to severe injuries, financial burdens, and complex legal battles. Determining who is responsible—whether it’s the driver, trucking company, load crew, maintenance provider, or manufacturer—requires a thorough investigation. Key factors like brake failures, shifting cargo, jackknife incidents, and mechanical defects all play a role in assigning liability. Understanding the regulations governing truck safety, gathering strong evidence, and proving fault are essential steps in securing compensation.

If you or a loved one has been injured in a Nevada truck accident, you shouldn’t have to navigate the legal process alone. Gina Corena & Associates has extensive experience handling truck accident claims, ensuring victims get the justice and compensation they deserve. Our dedicated legal team will investigate your case, identify liable parties, and fight aggressively for your rights.

Don’t wait—contact Gina Corena & Associates today for a free consultation and take the first step toward recovering what you’re owed.

As founder of Gina Corena & Associates, she is dedicated to fighting for the rights of the people who suffer life-changing personal injuries in car, truck and motorcycle accidents as well as other types of personal injury. Gina feels fortunate to serve the Nevada community and hold wrongdoers accountable for their harm to her clients.

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