The highways surrounding Midvale look different today than they did just five years ago. Warehouses now line the Jordan River corridor, and logistics centers pop up overnight near 7200 South.
This economic surge brings jobs, but it also floods local roads with 80,000-pound commercial vehicles. The increased density of tractor-trailers on I-15 and I-215 creates a new level of risk for daily commuters.
Midvale’s trucking boom fundamentally changes the accident landscape by introducing complex corporate defendants into what were once simple car crash claims. A collision with a commercial truck involves different rules than a collision with a neighbor’s sedan.
Trucking companies operate under federal regulations that dictate everything from driver hours to maintenance schedules. When these companies cut corners to meet the demands of a booming market, they put you in danger. Parker & McConkie investigates these corporate failures.
We expose how the pressure to deliver freight faster leads directly to the negligence that caused your injuries. We ensure that the companies profiting from this boom pay for the harm they cause.
Core concepts of trucking liability
- Corporate Pressure: The high demand for freight often incentivizes companies to push drivers beyond their legal hours leading to fatigue-related crashes.
- Maintenance Shortcuts: Rapidly expanding fleets may skip required inspections to keep trucks on the road which results in brake failures and tire blowouts.
- Hiring Negligence: The driver shortage forces companies to hire inexperienced operators who lack the skills to handle heavy loads in Midvale traffic.
How Does Midvale’s Role as a Commercial Crossroads Impact Safety?
Midvale sits at the heart of the Salt Lake Valley, earning its reputation as a Crossroads of the West. The critical interchange where I-15 meets I-215 funnels massive volumes of freight through the city daily.
This geographic advantage for logistics companies creates a distinct disadvantage for local drivers. The sheer volume of heavy trucks merging, exiting, and navigating surface streets near 7200 South increases the frequency of severe collisions.
We see specific patterns of accidents emerge from this congestion.
- Interchange Chaos: Drivers merging onto I-215 often get cut off by trucks changing lanes blindly to catch their exit.
- Surface Street Danger: Trucks exiting the highway to reach local warehouses often make wide turns that trap smaller vehicles against the curb.
- Braking Failures: The constant stop-and-go traffic on I-15 exposes the danger of trucks with overheated brakes following too closely.
We use traffic data and accident reconstruction to prove that the trucking company failed to account for the known hazards of this busy corridor.
What Is Respondeat Superior and How Does It Affect My Claim?
Trucking companies often try to distance themselves from their drivers after a crash. They claim the driver was an independent contractor, hoping to shield the corporate assets from your lawsuit.
However, Utah law recognizes the doctrine of Respondeat Superior, or vicarious liability. This legal principle holds an employer responsible for the actions of an employee performed within the scope of their employment.
We use this doctrine to pierce the independent contractor defense.
- The placard rule: Under federal regulations, the company whose DOT number appears on the truck is often liable regardless of the driver’s employment status.
- Control test: We show that the company controlled the driver’s route, schedule, and load, making them an employee in the eyes of the law.
- Statutory employee: We argue that for liability purposes, the driver is a statutory employee, meaning the company cannot outsource safety to avoid paying for your injuries.
We ensure that the corporation, not just the individual driver, answers for the negligence that caused the crash.
How Do Defense Teams Use Utah Code § 78B-5-818 Against Victims?
Trucking defense lawyers know Utah’s liability laws perfectly. Specifically, they rely on Utah Code § 78B-5-818, which establishes a modified comparative negligence standard.
This law states that if a plaintiff is 50% or more at fault for an accident, they are barred from recovering any damages. Defense teams aggressively investigate your actions to pin just enough blame on you to hit that 50% threshold.
We anticipate and counter these blame-shifting tactics.
- The No-Zone Argument: They claim you drove in the truck’s blind spot and therefore assumed the risk of the collision.
- Speeding Allegations: They use the crush damage on your car to argue you were speeding, even if the truck pulled out in front of you.
- Distraction Claims: They subpoena your phone records to find any evidence of distraction to argue you were equally at fault.
We use the truck’s own electronic data to prove the driver’s negligence was the primary cause. We keep your percentage of fault below the bar to protect your right to compensation.
Why Are Federal Regulations the Key to Proving Negligence?
In the wake of the industry boom, pressure on drivers has never been higher. To meet tight deadlines, drivers often violate federal safety rules. The Federal Motor Carrier Safety Administration (FMCSA) sets strict standards for Hours of Service (HOS) and vehicle maintenance.
Proving a violation of these rules is often the strongest evidence of negligence in a trucking case. We analyze the driver’s logs and the truck’s maintenance history to find these violations.
- Hours of Service: We check electronic logs to see if the driver exceeded the 11-hour driving limit or falsified rest breaks.
- Maintenance Logs: We review inspection reports to see if the company ignored worn brakes or bald tires to keep the truck moving.
- Cargo Securement: We verify if the load was tied down according to federal standards or if shifting cargo caused the truck to roll over.
We use these regulatory breaches to show that the company chose profits over safety. We turn their rule-breaking into your financial recovery.
What Are the Risks of Last Mile Delivery Vehicles?
The rise of e-commerce has led to a vast increase in the number of delivery vans and box trucks on residential streets. These last-mile vehicles race through neighborhoods to drop off packages.
Drivers often face unrealistic quotas that force them to speed, park illegally, and ignore stop signs. This pressure brings the danger of commercial trucking right to your front door.
We handle claims involving delivery fleets that prioritize speed over safety.
- Distracted Driving: Delivery drivers constantly check handheld devices for routes and schedules which takes their eyes off the road.
- Fatigue: Many delivery drivers work long shifts without the strict logging requirements of long-haul truckers.
- Improper Parking: Vans blocking bike lanes or crosswalks force pedestrians and cyclists into traffic leading to severe injuries.
We hold these delivery companies accountable for the chaos they create in residential zones. We prove that their business model encourages reckless behavior.
How Do We Calculate Damages in a Commercial Case?
Commercial truck accidents often cause catastrophic injuries that require lifetime care. The insurance policies for trucking companies are much larger than personal auto policies, often reaching $1 million or more.
This high limit means the insurance company fights harder to deny the claim.
We build a comprehensive damages model to demand the full policy limit.
- Future Medical Costs: We work with life care planners to estimate the cost of surgeries, therapy, and home care for the rest of your life.
- Lost Earning Capacity: We calculate the income you will lose if your injuries prevent you from working in your chosen field.
- Pain and Suffering: We quantify the physical agony and emotional distress caused by the crash.
- Punitive Damages: We seek additional damages if the company’s conduct was malicious or recklessly indifferent to safety.
We refuse to accept a low settlement. We ensure the trucking company pays for the full extent of the devastation they caused.
Why Do You Need a Salt Lake Valley Truck Crash Attorney?
Fighting a trucking company is not like fighting a regular car insurance claim. These corporations have rapid response teams of lawyers and investigators who arrive at the scene within hours. They work immediately to control the narrative and hide evidence.
We provide the counter-force you need.
- Investigation: We send our own investigators to the scene to document skid marks and debris before they disappear.
- Spoliation Letters: We send legal demands to preserve the truck, the data, and the driver’s employment file.
- Litigation Strategy: We are prepared to file a lawsuit and take the case to trial if the company refuses to offer a fair settlement.
We level the playing field. We ensure your voice is heard against the roar of the trucking industry.
Frequently Asked Questions
Who is liable, the driver or the company?
Usually both. The driver is liable for their negligence, and the company is liable for the driver’s actions while on the job. We often sue both to trigger all available insurance policies.
What if the truck driver was an independent contractor?
Companies often use this defense to avoid liability. However, federal regulations often hold the carrier responsible for the vehicle displaying their placard, regardless of employment status. We know how to overcome this defense.
How long does a truck accident case take?
These cases are complex and can take 18 months to several years to resolve. We prioritize getting the right result over a quick result because your future depends on it.
Can I sue for punitive damages?
Yes. If we can prove the trucking company acted with reckless disregard for safety, like forcing drivers to ignore hours-of-service rules, we can seek punitive damages to punish them.
Do I need a lawyer for a truck accident?
Yes. The stakes are too high and the laws too complex to handle alone. The trucking company has a team of lawyers so you should too.
Protect Your Rights on the Road
The trucking boom brings economic growth, but it should not come at the cost of your safety. Parker & McConkie serves accident victims in Midvale, Sandy, Murray, and throughout Utah.
We provide the strength, the strategy, and the dedication you need to win.
