Partner at Charbonnet Law Firm LLC
Practice Areas: Life Insurance Disputes
When a large truck collides with a passenger vehicle, the consequences can be devastating. Because of their size and weight, commercial trucks pose a danger when accidents happen. But who is responsible? In many cases, the truck driver may carry some or all of the blame.
Truck accidents are not always the driver’s fault. Sometimes, road conditions, other drivers, or mechanical failures are involved. However, there are also clear situations where a trucker’s actions—or inaction—can directly cause a crash. In this blog, we’ll break down five primary ways truck drivers may be held legally responsible and explain how truck accident liability works in Louisiana.
According to the Federal Motor Carrier Safety Administration (FMCSA), over 110,000 truck-involved crashes resulted in injuries in a single year and nearly 5,000 involved fatalities.
Understanding the different causes can help victims and their families take the proper steps after a crash. It also shows the importance of driver responsibility in keeping Louisiana’s roads safe.
Truck maintenance is a legal requirement, not a choice. Both trucking companies and drivers are responsible for making sure the vehicle is safe before it hits the road. Federal rules from the FMCSA (specifically 49 CFR § 396) require commercial trucks to be inspected regularly, and any issues must be reported and fixed.
Drivers are also required to inspect their trucks before and after every trip. When they skip these inspections or ignore signs of trouble, they can be held accountable if something goes wrong. Common mechanical issues linked to crashes include brake failure, worn tires, faulty lights, or a transmission breakdown.
Truck drivers must inspect their vehicle before and after each trip. Failing to do so can result in mechanical issues being overlooked putting everyone on the road at risk. – FMCSA Regulation 49 CFR § 396
A poorly maintained truck is a dangerous truck. If a driver fails to report problems, and those problems cause a crash, they may share liability with their employer.
Not every commercial driver is trained to handle all types of trucks. Vehicles carrying hazardous materials or with high centers of gravity require extra training and endorsements. When companies skip proper training or rush new hires, both the driver and the employer can be held responsible if inexperience causes an accident.
We often think of distracted driving as texting while driving. While that’s a serious concern, distractions can take many forms, especially for truck drivers.
Federal law bans truck drivers from using handheld phones while driving. They’re only allowed to make calls using hands-free devices. This rule, under FMCSA 49 CFR § 392.82, is intended to lower the amount of distraction-related accidents.
Distracted driving is defined as any activity that takes the driver’s hands off the wheel, eyes off the road, or mind off the task of driving. For truckers, distractions can include adjusting the radio, eating, reaching for something in the cab, or even zoning out while staring at traffic. Any moment of distraction can lead to a crash—especially when the vehicle weighs up to 80,000 pounds.
When a distracted driver causes a wreck, they can be held financially responsible for the damage, injuries, and losses caused by the accident.
Truck drivers often work long, irregular hours. While federal rules limit how long they can drive in a single shift, those rules aren’t always followed. Some drivers feel pressure to deliver goods quickly and may push past legal limits. Others may suffer from sleep disorders or poor sleep schedules.
Eighteen hours of sleep can be just as detrimental to driving as being legally intoxicated, according to FMCSA studies.
Driving after 18 hours of sleep impairs judgment just as much as having a blood alcohol content of 0.08%, according to research from the FMCSA.
Drivers are required to take rest breaks and keep detailed logs of their hours. If a driver skips rest or falsified records and causes a crash due to drowsiness, they may be held liable. Fatigue slows reaction time, affects decision-making, and increases the chance of serious accidents.
While most truckers drive responsibly, some engage in aggressive or reckless behavior. Whether they’re running late or simply driving carelessly, these actions endanger everyone on the road.
Examples of reckless truck driving include speeding, tailgating, cutting off cars, failing to check blind spots, and making unsafe lane changes. When truck drivers act like this, they can cause severe, even fatal, collisions.
Louisiana follows a comparative fault system, which means injured drivers can still recover damages even if they are partially at fault though their compensation may be reduced.
In some cases, trucking companies may also share the blame if they encourage unrealistic delivery schedules or fail to monitor driver conduct.
|
Driver Action |
Description |
Potential Liability |
| Skipping vehicle inspections | Failure to identify maintenance issues | Driver and employer |
| Using phone while driving | Manual/visual distraction | Driver only |
| Driving while fatigued | Exceeding legal drive time limits | Driver and employer |
| Speeding or tailgating | Reckless/aggressive behavior | Driver |
| Driving without proper training | Lack of endorsement or training on specific truck type | Employer (primary) |
Yes, depending on the severity of the crash, whether the driver violated company policy or federal law, and the driver’s history. Employers may terminate drivers for cause after preventable accidents.
If the failure was due to a lack of maintenance or the driver skipping required inspections, the driver and/or trucking company may still be held liable.
Companies may be liable for negligent hiring, poor training, unsafe scheduling practices, or failure to maintain their fleet according to FMCSA standards.
Seek medical care, report the accident, preserve evidence, and consult with a legal professional. Truck accident claims are complex and may involve multiple liable parties.
Proper training, regular maintenance checks, avoiding distractions, adhering to HOS limits, and defensive driving can help reduce risks.
Truck accidents can change lives in an instant. Understanding how and when a truck driver may be held responsible is key to pursuing a claim and protecting your future. From missed inspections and fatigue to reckless driving and inexperience, many factors can contribute to a crash.
If you or a loved one has been injured in a truck accident in Louisiana, it’s essential to understand your rights. The team at Charbonnet Law Firm, LLC helps injury victims seek fair compensation while navigating the complex legal process. Every case is unique—and every story deserves to be heard.
With over 50 years of legal experience serving families in the New Orleans area and surrounding Louisiana communities, our firm takes pride in providing clients with personalized legal services tailored to individual needs.
