According to the National Safety Council (NSC), 5,375 large trucks were involved in a fatal crash in 2023. That was an 8.3 percent decrease from 2022, but a 43 percent increase over the past decade. In total, large trucks made up 9 percent of all vehicles involved in fatal crashes that year.

The Virginia Department of Motor Vehicles (DMV) notes that in 2024, there were 108 fatal crashes involving commercial vehicles in the state, with 2,159 injury crashes. A total of 29 people were killed and 14,01 injured, including both drivers as passengers.

When a massive 18-wheeler collides with a regular car, the results can be devastating. If you or a loved one has been involved in this type of accident, you may wonder who is responsible for the costs. Is it the driver, the trucking company they were working for, or someone else? And how can you make sure you are compensated for your damages?

At Shapiro, Washburn, & Sharp, we understand how complex these cases can be, as we’ve handled hundreds of them over the years. Our experienced Virginia Beach truck accident attorneys have decades of experience fighting for our clients, and we know how to investigate these crashes and hold all responsible parties accountable. Call us today at 833-997-1774 for a free consultation.

Is Truck Liability Different from Car Liability?

In most cases, truck accidents are handled differently from regular car accidents. The main reason is that trucks operate under federal regulations that don’t apply to regular drivers. The Federal Motor Carrier Safety Administration sets strict rules about things like how long a truck driver can work before they have to rest, how the truck company must maintain the vehicle, and what safety equipment is required.

In a regular car accident, there are usually only two drivers and two insurance companies to deal with. But when a large truck is involved, there could be multiple companies, federal regulations, and specialized insurance policies all coming into play.

You can think of it like the difference between a simple math problem and a complex equation with multiple variables.

Who Can Be Liable in a Truck Accident?

When a commercial truck collides with your vehicle, there may be several parties that share in the liability. Below are the most common ones, but it’s always best to talk to your truck accident attorney, as each case is unique.

The Truck Driver: Was Negligence Involved?

In most cases, the truck driver will at least share in the liability for the accident. If the driver was doing something wrong, like speeding, texting, or driving while fatigued or under the influence of alcohol or drugs, an attorney will probably be able to find evidence of that to use in your case.

For example, imagine that a driver falls asleep at the wheel because they skipped the federally mandated rest breaks. That is evidence of negligence. Under Virginia Code 19VAC30-20-205, drivers must rest after so much time behind the wheel. If they don’t, the company may also be held liable for allowing the driver to violate federal and state trucking rules.

The Trucking Company: Is the Employer Liable?

The trucking company that employed the driver often shares in liability when it comes to an accident. Even if the driver made a mistake, the trucking company was responsible for hiring that driver and making sure they had a clean driving record. They must conduct thorough background checks, provide adequate training, and ensure their vehicles are properly maintained and safe.

If a company hired a driver with a history of serious violations, for example, or if they pressured the driver to ignore safety rules to meet deadlines, they could be held accountable for the damages. A legal principle called respondeat superior allows injury victims to hold the at-fault party’s employer responsible for injuries caused by the driver’s negligence, as long as the negligence occurred within the scope of employment.

The Maintenance Provider: Did the Equipment Fail?

According to a study conducted by the Federal Motor Carrier Safety Administration (FMCSA), the condition of the vehicle itself was a factor in 10 percent of crashes. If a company neglects standard maintenance on a vehicle and it’s discovered that the brakes or tires were faulty, for example, that company could be held at least partially liable in an accident.

The maintenance company, as well, if separate from the hiring company, may also be at fault in an accident. For instance, if faulty brakes caused the truck to roll into traffic, an investigation could point to improper service on the part of the maintenance provider, making them partially liable.

In some cases, the truck owner might be separate from the trucking company. If the truck was leased or rented, for instance, the owner could be liable if they failed to properly maintain the truck or if mechanical problems contributed to the accident.

The Load Handler: Was the Cargo Loaded Properly?

It’s not only who drives the truck, who employs the driver, and who maintains the truck that may be involved. How the cargo is loaded matters too. If the freight shifted because the loader didn’t secure it correctly, and that load shift contributed to the crash, both the loader and the trucking company that hired them may be liable.

The Manufacturer: Was a Defective Part Involved?

Sometimes, a product failure can lead to a truck accident. Maybe the tire blew out, and an investigation turns up a prior recall on that tire because of a design defect. Or maybe the brake assembly malfunctioned due to a mistake during the manufacturing process. In these cases, the parts maker—or even the manufacturer of the entire truck—could be held responsible for the accident. In that situation, your attorney may decide to pursue a defective product claim, showing the truck part failed in a way that caused your crash and injuries.

Can You Hold More Than One Party Liable?

In most truck accident cases, your truck accident attorneys will look into every possible avenue of recovery. That means pursuing all potential liable parties, as Virginia law allows you to hold them all responsible if the evidence supports that. This is called “joint liability,” and it can be a significant advantage for victims.

The main reason is that holding multiple parties accountable gives you a better chance of getting full compensation for your damages. Some companies or individuals may not have enough insurance coverage to take care of all your medical bills, lost income, and pain and suffering. When more than one party is found legally responsible, you can recover from any or all of them until you’re fully compensated.

For example, if a driver who worked beyond the allowable hours slid into your back bumper, both the driver and the company they work for may be found liable. If a truck caretaker skipped a scheduled brake check and then you were injured when the brakes failed, liability might lie with the trucking company and the mechanical service company.

How a Truck Accident Attorney Can Help

Because of all these complexities, you’re much better off hiring a truck accident attorney to handle your case, as that gives you the best chance of recovering the compensation you need to put your life back together.

Our experienced bicycle accident lawyers at Shapiro, Washburn, and Sharp can help, as we did for our client who was hit by a tractor-trailer driver who improperly changed lanes. Our client sustained a traumatic brain injury (TBI), which affected his ability to perform his job as a doctor. We helped negotiate a $883,155 insurance settlement.

Contact us for a free consultation. You can find our offices in Virginia Beach, Portsmouth, Norfolk, Suffolk, Hampton, and Chesapeake.