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Who is Liable in a Washington Truck Accident?

August 1, 2024 – Matt Albrecht

You’re cruising down I-90 just outside of Spokane, thinking about your plans for the weekend, when suddenly a massive 18-wheeler veers into your lane. In a split second, your world turns upside down—literally. The enormous size and weight of the truck completely overwhelm your vehicle, leaving you with catastrophic injuries and a totaled car. As you lie in the hospital bed, questions swirl through your mind: Who’s responsible for this devastating Washington truck accident? Who’s going to pay for your extensive medical bills and lost wages?

Truck accidents are incredibly serious. When these giant commercial vehicles collide with passenger cars, the results are often catastrophic. The immense force involved can lead to life-altering injuries, from severe spinal cord damage to traumatic brain injuries. But understanding who’s liable in these complex cases isn’t always straightforward. Let’s break it down.

The Truck Driver

The most obvious person to consider is the truck driver themselves. Were they:

  • Speeding or driving recklessly?
  • Distracted by their phone or other devices?
  • Fatigued from driving beyond their legal hours of service?
  • Under the influence of drugs or alcohol?

If the driver’s negligence caused the accident, they could be held personally liable. However, in many cases, the trucking company that employs them may also share responsibility.

The Trucking Company

You might be surprised to learn that the company the driver works for often bears significant liability in truck accidents. Here’s why:

  • Vicarious liability: Under the legal doctrine of “respondeat superior,” employers are generally responsible for their employees’ actions while on the job.
  • Negligent hiring or training: Did the company fail to properly screen, train, or supervise the driver?
  • Pushing drivers to break rules: Some companies pressure drivers to violate hours-of-service regulations or speed to meet tight deadlines.
  • Poor maintenance: If the accident was caused by a mechanical failure, the company might be at fault for inadequate truck maintenance.

The Truck Manufacturer

Sometimes, the fault lies not with the driver or the company, but with the truck itself. If a defective part or system contributed to the accident, you might have a case against the manufacturer. This could include issues like:

  • Faulty brakes
  • Tire blowouts due to manufacturing defects
  • Steering system failures

In these cases, you may be able to pursue a product liability claim against the manufacturer or parts supplier.

Cargo Loaders

Believe it or not, the people who loaded the truck’s cargo could also be liable if their negligence contributed to the accident. Improperly secured or unevenly distributed cargo can cause a truck to:

  • Tip over on sharp turns
  • Jack-knife when braking
  • Lose control due to shifting weight

If investigation reveals that cargo issues played a role in your accident, the loading company might be on the hook.

Government Entities

In some cases, the very road you were driving on might be partly to blame. Poor road design, inadequate signage, or failure to maintain safe road conditions can contribute to accidents. If this is the case, you might have a claim against the government entity responsible for the road’s maintenance.

However, be aware that claims against government entities often have special rules and shorter deadlines, so it’s crucial to act quickly.

Multiple Parties

Here’s where things get really complex: many truck accidents involve multiple liable parties. For instance, you might have a case against:

  • The driver for speeding
  • The company for encouraging rule-breaking
  • The manufacturer for a faulty brake system

This is why it’s so important to have a thorough investigation of the accident. Every potentially responsible party needs to be identified to ensure you receive full compensation for your injuries.

Your Role in the Accident

It’s worth noting that Washington follows a “pure comparative negligence” rule. This means that even if you were partly at fault for the accident, you can still recover damages. However, your compensation will be reduced by your percentage of fault.

For example, if you’re found to be 20% at fault and your damages total $100,000, you’d be able to recover $80,000.

How a Spokane Truck Accident Lawyer Can Help

When you’re up against powerful trucking companies and their insurers, having a skilled Spokane truck accident lawyer on your side can make all the difference. Here’s how they can help:

  • Thorough Investigation: Your lawyer will conduct a comprehensive investigation of the accident, often working with accident reconstruction experts to determine exactly what happened and who’s at fault.
  • Preserving Evidence: Trucking companies may try to destroy or alter evidence. Your attorney can send a spoliation letter, legally requiring them to preserve all relevant evidence.
  • Dealing with Insurance Companies: Your lawyer will handle all communications with insurance companies, protecting you from tactics they might use to undervalue or deny your claim.
  • Identifying All Liable Parties: As we’ve discussed, truck accidents often involve multiple responsible parties. Your attorney will work to identify all potentially liable entities to maximize your compensation.
  • Calculating Full Damages: Beyond immediate medical bills, your lawyer will consider long-term costs like future medical care, lost earning capacity, and pain and suffering to ensure you’re fully compensated.
  • Negotiating Settlements: Most cases settle out of court. Your attorney will be a skilled negotiator, fighting for a fair settlement that covers all your needs.
  • Trial Representation: If a fair settlement can’t be reached, your lawyer will be prepared to take your case to trial and advocate for you in court.
  • Navigating Complex Regulations: Truck accident cases involve state and federal regulations that don’t apply to regular car accidents. Your lawyer will understand these complex truck accident laws and use them to strengthen your case.

Remember, trucking companies and their insurers have teams of lawyers working to minimize their liability. You need someone in your corner who understands the complexities of truck accident cases and can fight for your rights.

We know that truck accidents can turn your life upside down in an instant. But understanding who might be held liable is the first step in getting compensation for your injuries. Don’t face this challenge alone—reach out to a knowledgeable attorney who can guide you through the process and help you rebuild your life.

Take Action Now: Your Path to Justice and Recovery Starts with Albrecht Law

You’ve got questions. We’ve got answers.

The road to recovery after a truck accident can feel long and exhausting. You’re dealing with painful injuries, mounting medical bills, and the stress of lost wages. It’s a lot to handle on your own, and you shouldn’t have to.

At Albrecht Law, we understand the life-altering impact of truck accidents. Our experienced Spokane, WA personal injury attorneys are here to lighten your load and fight for fair compensation. We’ll handle the complex legal aspects of your case, allowing you to focus on what matters most – your recovery and your family.

You have questions, and we’re ready to provide the answers you need. Reach out to us for a free, no-obligation consultation. We’ll listen to your story, assess your case, and offer personalized guidance tailored to your unique situation.

Our dedicated team serves clients throughout Spokane and surrounding areas, including Spokane Valley, Liberty Lake, and Cheney. We’re committed to protecting your rights and advocating for your best interests every step of the way.

Don’t let the trucking companies or their insurers take advantage of you. Contact Albrecht Law today at (509) 495-1246 or complete our online form to schedule your free consultation. Let us be your voice in this challenging time and help you navigate the path to justice and recovery.

Remember, time is critical in truck accident cases. The sooner you reach out, the sooner we can start building a strong case for you. You’ve been through enough – let us handle the legal battle while you focus on healing. Want to find out if you should pursue compensation for your injuries? Take our FREE quiz now.

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Copyright © 2024. Albrecht Law PLLC. All rights reserved.

The information in this blog post (“post”) is provided for general informational purposes only and may not reflect the current law in your jurisdiction. No information in this post should be construed as legal advice from the individual author or the law firm, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting based on any information included in or accessible through this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country, or other appropriate licensing jurisdiction.

Albrecht Law PLLC
5105 E 3rd Ave, Suite 101
Spokane Valley, WA 99212
(509) 495-1246
https://albrechtlawfirm.com/

Albrecht Law PLLC

5105 E 3rd Ave Ste 101 Spokane Valley, WA 99212

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