Sharing the road with an 18-wheeler in Montana can be intimidating. When they are barreling down I-90 or winding through a mountain pass, it can feel like you’re driving next to a moving skyscraper.
So, when one of these trucks causes an accident, it can lead to catastrophic damage and severe injuries. And one of the first questions is, who’s liable when a semi-truck causes an accident in Montana?
Liability in these crashes is not always easy to determine. While blame may fall on the driver, the trucking company, the people who loaded the cargo, or the truck manufacturer could also share responsibility.
Is the Truck Driver at Fault?
The first person that lawyers and investigators look at is the truck driver, since they are behind the wheel. If they were speeding, checking their phone, or ignoring traffic laws, they may be directly liable for what happened.
Along with the driver’s behavior, fatigue is another huge issue. Truckers drive long, lonely stretches across Montana. While federal laws limit how many hours they can go without rest, some drivers push those limits.
Falling asleep or nodding off for a second can be deadly. If an investigation shows the driver skipped mandatory breaks or doctored their logbooks, they could be responsible for the crash.
However, it is not always just about the driver’s decisions that lead to an incident. Sometimes, the problem starts higher up.
The Trucking Company’s Responsibility
Most truck drivers do not own their rigs; they work for a company. Sometimes, that means the company can be responsible. Under the law, an employer can be held accountable for what employees do on the job. Also, companies have their own duties, like:
- Making sure trucks are regularly inspected and safe to drive
- Hiring drivers with clean records and proper training
- Avoiding “impossible” delivery deadlines that encourage unsafe driving
When companies cut corners to save time or money, it can put everyone else on the road at risk. If a crash happens, they may be just as much to blame as the person driving.
What About the Cargo?
In these incidents, how a truck is loaded could cause an accident. If the cargo is not balanced correctly or overloaded, the chances of the truck tipping or jackknifing are increased.
Loading is often handled by a third-party company, not the driver or the trucking company. So, if a poorly secured shipment of lumber causes a crash, the responsibility could extend to the loaders.
Equipment and Manufacturing Problems
Remember that not all accidents are caused by human error. Sometimes, the truck or a part fails. A defective brake system, faulty tires, or steering issues can lead to disaster. In those cases, the blame might shift to the manufacturer of the truck or the part that failed.
Can the State or County Be Liable?
Montana is known for its rugged beauty, but some of the roads leave a lot to be desired. Potholes, missing signage, or dangerous intersections increase the chances of accidents.
The government agency responsible for maintenance might share liability if a poorly maintained road contributed to a truck crash.
Shared Responsibility Is Common
In many truck accident cases, it is not just one person or company at fault. There could be several parties’ actions that contributed to the crash. You will want an experienced Montana trucking accident lawyer to analyze the evidence and help hold those parties accountable for their actions.
We’re Here to Help with Your Montana Truck Accident Case
So, who’s liable when a semi-truck causes an accident in Montana? It could be the driver, the trucking company, the cargo loader, the manufacturer, or the government. Sometimes, it is a combination of them all.
Sorting that out while trying to recover is stressful, and you will want to leave that to the professionals.
At AFJ Law Firm PLLC, we can help you get started with your claim.At AFJ Law Firm PLLC – Personal Injury, Car Accident, and Insurance Law, we are here to help you through the entire claims process, including proving fault in these accidents. Click here to visit our Montana Personal Injury Frequently Asked Questions page. Click here to visit our Commercial Trucking and Semi-Truck Accident practice area page. Contact us if you still have questions about your Montana trucking accident case.