If you get involved in a truck accident and believe it wasn’t your fault and, instead, due to the negligence of other motorists, you have the legal right to seek compensation. The person who caused the accident should compensate you for the damage you may have suffered, including injuries, medication costs, and lost earnings. However, you must provide enough evidence to prove that the accident happened or that you suffered damage because of their negligent acts.
To pursue legal action, you’ll first need to identify the party responsible for the incident, especially since various parties associated with the truck company can be held liable. As a good start, here’s a list of parties you can sue in a truck accident.
- The Driver
Considering they were behind the wheel when the accident happened, the truck driver may be solely responsible for your damages. This is especially true if you suffered damages from an accident with a negligent truck driver. For example, they may be driving under the influence of alcohol, speeding, or violating traffic rules, to name a few. In such a case, you may file a claim against the driver.
For more favorable results, working with a lawyer is always best. They can help build your case, gather the necessary evidence, and even determine whether or not the driver was driving carelessly, which led to the accident.
However, not every legal professional can suit your truck accident case. For instance, you should not hire a general practitioner. Instead, find a personal injury attorney who often deals with truck accidents. Such individuals have the expertise to represent you and help you navigate your case. As such, you can get the compensation you deserve.
- The Owner Or The Trucking Company
One of the parties you can sue in a truck accident is the owner or employer of the driver. Generally, under the legal principle of Respondeat Superior, employers can be held liable for the wrongful acts of their employees while on duty. So, in this case, the trucking company may have responsibility if an accident due to their driver’s negligence.
In addition, the law regulates the trucking industry’s policies on hiring drivers, such as assessing their license and qualifications, vehicle maintenance, safety regulations, and even training. For example, the state determines the number of hours drivers can work and the weight their trucks can carry.
With this in mind, filing a claim against the trucking company is also an option. This is especially true if the trucking company doesn’t care whether its drivers comply with federal regulations.
- The Truck Manufacturer
If the accident happened due to defective parts of the truck, the truck manufacturer could be held responsible. For instance, if the accident happened due to faulty brakes, you and your lawyer can go after the manufacturers.
However, it’d be good to note that various manufacturers may be involved. For example, a company that manufactures and supplies the tires may not be the one selling brake parts. That said, you and your lawyer may need to thoroughly investigate and collect evidence on which truck component malfunctioned and who’s liable for the accident.
- The Auto Repair And Maintenance Shop
There may be instances wherein a truck accident may happen due to poor maintenance. While most trucking companies have partnered with experts to help repair and maintain their vehicles, if you suspect that the accident happened because of poor repair and maintenance, the auto repair and maintenance shop may be held responsible for the incident.
Auto repair companies are expected to maintain the trucks of their clients and see to it they’re always in good condition. That said, if they fail to do quality work and, as a result, cause accidents, you can file a compensation claim against them.
- The Freight Loaders Or Shipping Company
Another party you can sue in a truck accident is the shipping company. Such companies can be responsible for your damages in various situations, such as if they overloaded the truck and caused the accident.
Aside from that, their recklessness may also cause more damage, especially if they’re transporting hazardous materials. For example, if you get burnt by chemicals that the truck was carrying, the shipping company may be liable for your injuries.
Ideally, shippers should be careful when loading goods onto trucks. They should also educate the drivers about the dangers the goods they transport could cause on the roads. As such, drivers will likely be more careful when driving and transporting such products. If the shipping company fails to do this and an accident happens, you can file a compensation case against them.
- A Government Agency
In other scenarios, a government agency may be liable for your damages in a truck accident. A good example is if the accident happened due to road conditions. Every state has a government agency responsible for repairing and maintaining roads. So, if the truck accident happened due to poor road maintenance, you can sue the government agency entrusted with that task.
In addition, there’s a government entity responsible for installing traffic lights and ensuring they’re always functioning. The government entity responsible for maintaining those traffic light systems may be liable if an accident occurs due to missing traffic signs.
However, proving the government entity’s negligence is essential when pursuing a case against them. If you can, take photographs of the accident site and surrounding area. By doing so, you can collect and preserve evidence and help clarify what happened during the accident.
Takeaway
If you’ve been involved in a truck accident, you can seek compensation, as state law allows you to pursue a lawsuit for the losses or damages you sustained. However, determining who to sue can be tricky.
In truck accident cases, the driver, the trucking company, the loading and shipping firm, the auto repair shop, and a government agency may be liable for your damages in a truck accident. An experienced lawyer can best help you build your case and determine which party should be liable for the accident to seek the compensation you deserve.
