Trucking accidents are rarely simple fender benders. When an 80,000‑pound commercial vehicle collides with a passenger car, the damage is often catastrophic—and determining who is legally responsible can quickly become complex. Proving liability in these cases means looking far beyond the truck driver’s actions to examine the conduct of the trucking company, cargo loaders, maintenance contractors, and even manufacturers.
Federal safety regulations, electronic data from the truck, and detailed accident reconstruction all play critical roles in showing how the crash happened and whose negligence caused it. Understanding how liability is established is the first step toward protecting your rights and pursuing full compensation after a serious trucking accident.
DeShaw Law has had tremendous success in proving liability in these serious and challenging cases, including a record-setting, $82 million truck accident verdict in 2025.
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How do truck accidents happen?
Truck accidents can happen when truck drivers fail to act with reasonable care. That failure, combined with the size and weight of a commercial truck, creates a dangerous situation.
Common causes include truck driver errors such as speeding, distracted driving (like texting or adjusting in-cab devices), following too closely, making unsafe lane changes, or driving while fatigued after too many hours on the road. Mechanical problems, like worn brakes, tire blowouts, or poor maintenance, can also lead to loss of control, especially on highways and steep grades. In other cases, cargo may be improperly loaded or secured, causing the trailer to sway, jackknife, or overturn.
In the section that follows, we discuss how to prove liability, or who is at fault, in a variety of truck accident cases. To discuss your specific case, call DeShaw Law at (503) 227 1233.
Proving Liability in Truck Driver Fatigue Cases
A truck accident lawyer proves liability for driver fatigue by gathering evidence such as electronic logging device (ELD) data, driver logbooks, dispatch records, fuel and toll receipts, and GPS records to show violations of hours-of-service regulations or lack of adequate rest. They may also seek witness statements, dashcam footage of erratic driving, and medical records indicating sleep disorders or medication use.
This documentation demonstrates that the driver was operating beyond the legal or safe limit, directly connecting fatigue to the crash and supporting a claim against both the driver and, if applicable, the trucking company for imposing unrealistic schedules or overlooking regulations.
Wondering when to consult a lawyer for a truck accident? Call DeShaw Law.
Proving Liability in Truck Accident Cases Involving Improper Maintenance
In cases of improper maintenance, a lawyer will review the truck's maintenance logs, inspection reports, and repair invoices. Their goal is to show that the trucking company neglected required maintenance, leading to mechanical failures such as brake or tire blowouts that caused the accident.
In our truck accident lawyer may consult mechanical experts, subpoena parts and service records, and review Department of Transportation (DOT) inspection histories. Evidence of skipped or falsified inspections, or use of substandard parts, can establish that negligence in maintenance practices was the direct cause of the accident, creating liability for both the company and any third-party mechanics.
Proving Liability in Overloaded Cargo Trucking Cases
To prove liability for overloaded cargo, attorneys obtain bills of lading, weigh station records, cargo manifests, and photographs of the accident scene or vehicle damage. They may hire cargo experts to analyze whether the load exceeded legal limits or was improperly secured. If the evidence shows cargo shifting, spilled freight, or a higher-than-allowed gross vehicle weight, this can demonstrate that overloaded or improperly loaded trailers made the truck unstable or contributed to mechanical failure, directly leading to the crash. Establishing noncompliance with state or federal regulations on cargo weight makes a strong case for negligence by the trucking company, shipper, or loader.
Proving Liability in Distracted Driving Cases
When distracted driving is suspected, a truck accident lawyer will subpoena cell phone records, review in-cab video and telematics data, and question the driver about activities (such as phone use, eating, or adjusting GPS devices) prior to the crash. Dashcam and surveillance footage, police accident reports, and witness testimony can further show periods of inattention.
By demonstrating that the driver’s attention was diverted from the road, attorneys argue that this distraction directly caused or substantially contributed to the collision, establishing negligence.
Proving Liability in Cases Involving Driver Impairment
For impaired or DUI-related crashes, lawyers seek the results of law enforcement toxicology reports, field sobriety test documentation, and any admissions by the driver regarding alcohol or drug use. They may also collect evidence of recent purchases (such as bar receipts) or witness statements describing the driver’s behavior before the incident. By linking the driver’s impaired condition to erratic or reckless driving, the attorney demonstrates a breach of duty, making it easier to prove liability against the driver and (potentially) the employer if there was a pattern of known substance abuse.
Proving Liability in Cases Involving Insufficient Training
Liability for crashes caused by poor training is established by investigating the driver’s employment and training records. Lawyers review whether the driver had completed required entry-level driver training (ELDT), how much hands-on training was provided, and whether safety protocols were taught. Testimony from trainers, co-workers, and safety managers may help show that inadequate instruction left the driver unable to handle real-world hazards, directly linking poor training to the crash and exposing the employer to liability for negligent hiring or supervision.
Proving Liability in Cases Involving Hazardous Weather
Finally, in accidents involving hazardous weather and road conditions, an experienced lawyer examines route planning, dispatch communications, and weather advisories from the time of the crash. They determine whether the trucking company enforced safe operating policies, such as pulling over during severe conditions or rerouting drivers to avoid dangerous areas. Failure to provide training on or enforce such policies can constitute negligence. Evidence that the driver was pressured to remain on schedule despite dangerous weather further supports a liability claim by showing a disregard for safety protocols in the face of foreseeable hazards.
Read More from DeShaw Law: What Does a Truck Accident Lawyer Do?
3 Common Questions About Truck Accident Liability
Who can be held liable in a truck accident?
Liability can fall on several parties, including the truck driver, the trucking company, a maintenance contractor, a cargo loading company, or even a parts manufacturer, depending on who acted negligently and how that negligence contributed to the crash.
What evidence helps prove fault in a truck accident case?
Useful evidence includes the police report, photos and videos of the scene, witness statements, black box and electronic log data from the truck, maintenance and inspection records, and the truck driver’s cell phone and employment records.
Why is proving negligence more complex in truck accidents than in car accidents?
Truck cases are more complex because commercial vehicles are heavily regulated, multiple companies may be involved in operating and maintaining the truck, and each layer (driver conduct, company policies, maintenance, and cargo handling) must be examined to see how it contributed to the collision.
Truck accident cases in Oregon demand a detailed investigation and strategic litigation to hold corporate defendants responsible. Aaron DeShaw is a serious trial lawyer who has secured justice for truck accident victims for over 20 years. Our firm has handled truck accident cases stemming from driver fatigue, maintenance lapses, overloaded trailers, and even reckless corporate policies.
To learn more about the types of truck accident cases we take, or how we can help, call DeShaw Law at (503) 227-1233.