What Happens When Your Diesel Truck Is in an Accident: A Legal Guide for Owners

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Whether you drive a diesel-fueled pickup truck to help you perform heavy-duty tasks or you operate a commercial vehicle for work, getting into an accident means you’ll face complex legal and insurance issues. You may be seriously injured and so could other motorists, making it imperative to know what happens in these scenarios.

While diesel fuel is harder to ignite compared to gasoline, it still poses major concerns. According to A.J. Bruning of The Bruning Law Firm, diesel fuel spills complicate matters for everyone in the community due to creating environmental hazards, slippery surfaces, and leaving a potential for fire hazards even after the initial crash. If it does ignite, it can be exceedingly difficult to extinguish.

Those who operate vehicles powered by diesel fuel need to be aware of what to do in the event of a crash.

Immediate Actions to Take After a Diesel Truck Crash

No matter who caused the accident, your focus should always be on safety for all involved. That means calling 911 immediately and reporting any injuries. Moving to a safe spot is best for everyone, and while you should never admit fault or apologize, you should check on the occupants of the other vehicles to ask if they are hurt.

You’ll want to document the scene and vehicle damage with photos and videos while also exchanging information. For victims in a truck crash, if the diesel truck is a commercial vehicle, you should get the truck driver’s name, the company’s DOT number (which should be on the side of the truck cab), and the trucker’s CDL number.

All parties should notify their insurance companies, regardless of who is at fault. Insurance policies usually require that any accident be reported to them, generally within 24 to 72 hours. It is in every driver’s best interests to understand their obligations as well as coverages long before an accident ever occurs.

When the police come, they will investigate, document through a police report, and handle any emergency needs. As for injuries, everyone should get a full medical evaluation. Even a diesel-powered pickup truck can exert much more force than other types of passenger vehicles, making it more likely that internal organ damage and other serious injuries have been sustained.

Understanding Legal and Insurance Processes

When your diesel truck is in an accident, if you work under commercial terms, you should notify the company you work for along with the insurer. If you own one for personal means, you may not be subjected to as much scrutiny as a trucker with a CDL would face.

Commercial truckers will need to report for mandatory drug testing and will have to go through other steps for their role in a truck accident, even if they didn’t cause it. For victims involved in a diesel truck crash, these cases are much more complicated when the driver operates under a CDL. The key reason is that they may not be the only liable party.

For example, if a commercial diesel truck gets into an accident, the truck may have rolled over due to improperly loaded cargo, which would involve liability on the part of cargo loaders. If the trucking company that employed this truck driver didn’t maintain and inspect its fleet and the tires or brakes went out, that company would also be liable.

There are greater complexities involved when trucks crash, and while a personal diesel-fueled vehicle won’t be held to as great of scrutiny as one operated for commercial purposes, it still may mean you as the owner are liable for the fallout.

Understanding Regulatory Issues and Other Concerns with Diesel Truck Accidents

When a diesel truck is run as part of a fleet for the commercial trucking sector, there are many additional complexities that will be considered. The Federal Motor Carrier Safety Administration (FMCSA) has specific rules and regulations to keep the roads safer, and one of the many things it dictates is hours of service (HOS). Investigations will be conducted to look at electronic logging devices (ELDs) to see if the truck driver violated the hours on the road or did not take mandatory rest breaks.

As mentioned, many parties can be liable when the diesel truck operates for a commercial entity. If the trucking company that owns the vehicle didn’t maintain it, put it on the road with a known safety issue, or conducted itself in another way that violates the FMCSA requirements, it would be liable too. Sometimes, the trucking company has taken appropriate steps to keep its trucks safe though third-party maintenance and repair companies may not have been thorough, or a part was defective. This could potentially mean many more liable parties are at fault for the accident.

Common Issues After Diesel Truck Accidents

Since there are many rules to follow in the trucking industry, when those rules are broken, it can mean a cascade of complex issues added to an already challenging case. Trucking companies tend to have litigation teams in place to protect their legal rights after an accident. However, a person driving a diesel-fueled vehicle for personal use would not have the same issues.

The one thing the driver of a personally-owned diesel-powered truck that may make things more complicated if they are at fault is that their truck is heavier. This can lead to severe outcomes for victims in terms of injuries and property damage.

Whether you drive a pickup truck powered by diesel or you’re a commercial vehicle operator, driving with care is essential. Those who get into accidents with these types of vehicles tend to suffer life-altering injuries, and liability is at the crux of who has to pay for it.

If you are injured in a diesel truck accident, talking to an attorney as soon as possible is the next step you should take after being stabilized in the hospital. You’ll need help getting hold of certain types of evidence, particularly what is recorded on the truck black box and the ELD. Along with all the regulatory and compliance concerns, it can be too much to navigate on your own, making the need for an experienced truck attorney imperative.