The truck driver, the trucking company, or a truck manufacturer may be held liable in a truck accident. Victims may hold multiple parties accountable in a truck accident case, depending on the details of the crash.
Speaking with a truck accident lawyer near you will help you understand your rights and options for seeking compensation after a crash. Many personal injury law firms provide free consultations. If you cannot determine who is liable on your own, you may find it beneficial to discuss your case with an attorney.
Who Is Potentially Liable for My Truck Accident?
Liability often works somewhat differently in truck accidents than in other crash cases.
When a truck driver causes a crash, they might not be the only liable party. Other parties might be involved, either directly or indirectly. The liable parties in a truck crash could include:
The Truck Driver
When a driver violates a traffic law or makes another careless or reckless mistake behind the wheel, the victims have a right to hold them responsible and seek compensation in most states.
You can hold them accountable for their actions by filing an insurance claim or a lawsuit.
The Trucking Company
The trucking company is often directly or vicariously liable in a truck collision. A trucking company may be directly liable if the company:
- Hired a driver who was not qualified
- Failed to train a driver
- Continued to employ a driver who had poor performance
- Had rules in place that forced drivers to violate hours of service laws
- Did not provide proper maintenance for their trucks
In many truck accident cases, victims sue the trucking company based on vicarious liability. This ability comes from a legal doctrine called respondeat superior. Under this doctrine, an employer is liable for a worker’s negligence under certain circumstances.
To this end, most states have statutes or case law allowing victims to pursue a case against the at-fault driver’s employer.
These laws mean victims file insurance claims or lawsuits against the trucking company, often based on a large corporate liability policy.
The Truck Manufacturer
Sometimes, a crash occurs because of a problem with the truck. If a defective part or another issue causes this, the truck manufacturer may be liable.
Other Potentially Liable Parties
Other parties could also be partially or fully liable in truck accident cases. For example:
- If a company tasked with providing maintenance failed to complete necessary work on the truck, victims might have a case against it
- The company whose employees loaded the cargo might be liable when it shifts and causes a crash
- If there was a problem with the roadway, the agency tasked with designing, building, or maintaining it might be legally responsible
For a free legal consultation, call 800-537-8185
How to Hold Someone Liable for Your Truck Accident Injuries
Most traffic accident cases settle outside of court. The victim, often with help from a car accident attorney, files a claim based on the liable party’s liability policy. The lawyer negotiates a settlement based on the client’s recoverable damages.
Alternatively, victims might sue the liable parties and prepare to take the case to trial. If necessary, a jury will hear both sides of the case and issue a verdict. This could include compensation for the victim.
Damages recoverable in these cases will depend on the injuries and losses suffered. Some applicable laws could alter the damages available, too. Your recoverable damages could include:
- Current and future medical care for your injuries
- Ongoing care and support costs
- Current and future lost income
- Diminished earning capacity
- Property damages, including repair or replacement of the vehicle
- Pain and suffering
Each state sets a deadline for suing the liable party or parties. This varies based on state law. Some exceptions could give you more or less time than the law generally provides. One way to learn about your legal options and how long you can wait to act is to connect with an attorney for a free consultation.
Your Truck Accident Attorney Can Use Evidence to Prove Liability
To hold another party liable for your damages, you will have to prove that their action or inaction led to your accident. You can use evidence to support your truck accident case. Useful evidence includes:
- The police report
- Photos and videos from the crash scene
- Witness statements
- Your medical records
- Expert witness testimony
- Accident scene reconstruction
If the evidence points to more than one liable party, you could take action against multiple people.
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Talk to a Lawyer from Morris Bart, LLC About Your Truck Accident Case
Our attorneys at the Morris Bart law firm provide free consultations for truck accident victims in our service area. If you have questions about liability in your crash or need help holding the liable parties accountable, we are here for you.
Contact us for your free case assessment today.
Questions?Call 800-537-8185
to find a Morris Bart office near you.
