How to Determine Commercial Truck Accident Liability

A fully loaded commercial truck can weigh up to 80,000 pounds. When that much mass collides with a passenger vehicle, the consequences are often catastrophic. In 2022 alone, there were over 168,000 crashes involving large trucks in the United States. About 72% of the fatalities in these crashes were occupants of other vehicles, not the truck itself, according to the Insurance Institute for Highway Safety (IIHS).

Here’s the thing: when a commercial truck causes a wreck, the issue of liability is rarely simple. It’s not just about who was driving. It’s about ownership, maintenance, commercial auto insurance, and company policies. If you’re injured, knowing who’s liable and who’s insured is the first step toward recovering compensation.

That’s where this guide comes in. We’re breaking down truck accident liability in plain terms, so you know exactly what you’re up against and where to focus. You’ll learn how to identify liable parties, what role a commercial auto policy plays, and why timing and documentation matter more than you think.

The Complexity of Commercial Truck Accident Liability

When a truck crash occurs, liability often isn’t pinned on just one person or company. Trucking operations involve a network of entities, each with distinct responsibilities and risks. And each of those entities may be covered under separate commercial auto policies.

You could be dealing with:

• The driver, who may be an employee or independent contractor
• The carrier company that owns or leases the truck
• A logistics company that arranged the shipment
• A third-party maintenance shop
• A parts or vehicle manufacturer
• Insurance companies protecting all the above

Because so many hands touch a single truck and route, sorting out who’s responsible isn’t just a technical question. It’s legal, financial, and time-sensitive.

Common Causes of Commercial Truck Accidents

Understanding how truck accidents happen helps you figure out where liability might fall. Here are some of the most common causes:

• Fatigue
• Overloaded or unbalanced cargo
• Brake failure
• Distracted driving
• Speeding
• Poor driver training

Each of these causes could point to different liable parties such as the driver, carrier, maintenance team, or manufacturer.

Truck Driver Liability

The most obvious starting point is the driver behind the wheel. When they make mistakes, they can be held personally liable.

Driver error accounts for nearly 9 out of 10 crashes involving large trucks, according to the FMCSA. Common examples include:

• Ignoring traffic signs
• Texting while driving
• Exceeding the speed limit
• Driving under the influence
• Failing to check blind spots

In some cases, the driver may be independently insured under a commercial auto policy, particularly if they operate as an owner-operator. But even then, liability may extend beyond them.

The Trucking Company’s Responsibility

Carriers have a duty to run safe, compliant operations. But safety takes time, training, and money. Some companies cut corners, and it shows.

A trucking company can be directly liable for:

• Negligent hiring
• Poor supervision
• Improper scheduling
• Maintenance lapses
• Violating federal safety standards

In Georgia, if a truck driver is on the job and causes a crash, the company they work for can be sued directly under O.C.G.A. § 40-1-112.

Manufacturer Liability After a Commercial Truck Accident

Sometimes, a crash occurs not because of something the driver or company did, but because the equipment failed. In that case, you might be dealing with a defective product.

A manufacturer or supplier can be held liable if:

• The product was poorly designed
• There was a manufacturing flaw
• The company failed to warn users about known dangers

These cases often require expert testimony. Your legal team will inspect the truck and potentially call in engineers to assess the defect. In 2023, the NHTSA recalled more than 1,000 truck-related components, including air brake valves and axle assemblies.

How Commercial Insurance Disputes Arise

Just because there’s a commercial auto policy doesn’t mean getting a payout will be simple.

Insurance carriers are in the business of reducing payouts. They’ll look for every way to deny, delay, or shift liability. Common tactics include:

• Claiming the victim was at fault
• Arguing that another party is responsible
• Disputing the cause of injuries
• Claiming the policyholder wasn’t covered

This is where having a lawyer with experience in truck accident cases becomes essential. They’ll review the policy language, track down the various insurers, and apply legal pressure.

The Role of a Commercial Auto Policy

A commercial auto policy isn’t just bigger than a personal policy. It’s more complex. A single truck might have coverage from:

• A primary liability policy
• A cargo insurance policy
• An excess liability policy
• A separate trailer policy
• Driver's personal or leased vehicle coverage

Federal regulations set a floor of $750,000 for interstate freight carriers, but many companies carry $1–5 million policies. Understanding the structure of coverage and who insures what is key to knowing how much compensation you can recover.

Why You Should Avoid Quick Settlements

After a crash, insurers may offer a settlement quickly. But here’s the catch, it’s often a lowball offer. Accepting early means giving up your right to pursue the full cost of:

• Ongoing medical treatment
• Lost wages or future earnings
• Pain and suffering
• Property damage
• Long-term disability or impairment

Trucking companies are betting you’re overwhelmed and unsure of what to do. You have more power than you think, especially when you have experienced legal counsel.

Steps to Take After a Commercial Truck Crash

If you’re in a crash with a commercial truck, here’s how to protect your case:

1. Call 911
2. Get medical attention
3. Take photos and videos
4. Get witness information
5. Don’t talk to the trucking company
6. Call a truck accident lawyer

Many FMCSA-required documents can be legally destroyed after six months. Without swift legal action, this data might disappear.

Proving Liability What Evidence Matters

To hold the right parties accountable, your legal team will gather:

• Driver logs and HOS records
• Black box (ECM) data
• Maintenance records
• Photos and witness statements
• Employment and training records
• Dashcam or traffic footage
• Toxicology reports

They may also use accident reconstruction experts for detailed analysis.

Georgia’s Comparative Fault Law

Georgia follows a modified comparative negligence rule under O.C.G.A. § 51-12-33, which directly affects how compensation is awarded in personal injury cases, including those involving commercial truck accidents.

Under this rule:

• If you are found less than 50% at fault, you can recover damages. However, your total compensation will be reduced by your percentage of fault.
• If you are found 50% or more at fault, you are barred from recovering any compensation at all.

How This Works in Practice

Let’s say a jury awards you $500,000 in damages for injuries you sustained in a truck accident. If it finds that you were 20% responsible for the crash, such as failing to yield or not wearing a seatbelt, your compensation would be reduced by 20%. You would receive $400,000.

But if you're found 50% or more at fault, you recover nothing. This rule gives insurance companies and defense attorneys a strong incentive to shift blame onto you, even if your role in the crash was minor. They may argue that:

• You were speeding or tailgating
• You made an unsafe lane change
• You weren’t wearing a seatbelt
• You failed to brake or swerve appropriately

In truck accident cases, where the damages are often high, these arguments are used frequently to minimize or eliminate payouts.

Contact The Roth Firm for Help

Truck accident cases aren’t just complicated. They’re aggressive, resource-heavy, and designed to favor the company. You need someone in your corner.

At The Roth Firm, we investigate thoroughly. We focus on evidence, commercial auto insurance structures, and compliance issues. We hold drivers, companies, and manufacturers accountable.

If you’ve been injured in a commercial truck crash, reach out to The Roth Firm today. Get a free case evaluation and let us help you pursue the compensation you deserve.