Who is liable in a commercial truck accident?
The driver, for negligent operation.
The motor carrier, on two theories: vicariously for the driver's negligence within the scope of employment, and directly for its own conduct — negligent hiring, retention, training, supervision, or maintenance. Direct claims can be significant because they open discovery into the carrier's own records.
The vehicle or trailer owner, where different from the carrier.
The shipper or loader, where improper loading or securement contributed. Cargo shift and overweight cases turn on this.
A maintenance contractor, where mechanical failure is involved.
A broker, in some circumstances, for negligent selection of the carrier.
Why identifying all of them matters. Each may carry separate coverage, and the aggregate frequently determines whether a serious injury is fully covered.
How they get identified. The DOT number on the vehicle, the crash report, the bill of lading, and early discovery. Photographing every marking on the tractor and trailer at the scene is worth doing.
Photograph every number and name on that truck. Each one may be a separate policy. ---
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