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Category: Truck Accidents

Who Are The Potential Defendants In A Truck Accident Case? | Detailed Info

Potential defendants in a truck accident case depend on the circumstances of the collision. Sometimes, these cases involve multiple at-fault and liable parties. When you partner with a truck accident lawyer, they can review your case’s evidence to determine who should pay for your losses.

There Could Be Many Potential Defendants in Your Truck Accident Case

Possible defendants in a truck accident case could include:

  • The truck driver: Most of the time, truck accidents occur due to driver error. While on the road, a truck driver might speed or be under the influence of alcohol. Also, the driver might be tired due to working long hours, leading to miscalculations behind the wheel. However, even if a trucker directly caused your accident, their employer could bear liability for your losses.
  • The truck’s manufacturer: A truck accident can occur due to the truck’s parts failing. For instance, if the truck’s brakes failed, this could have contributed to your accident. In this situation, we could sue the truck’s manufacturer through a product liability claim.
  • The trucking company: The trucking company could be vicariously liable for any collisions its truckers cause. For many injured claimants, this is good news. Trucking companies generally carry more insurance coverage than individual drivers do.
  • The truck’s loading company: The Federal Motor Carrier Safety Administration (FMCSA) outlines how much cargo a truck can transport at one time. If a truck is overloaded (or the cargo is loaded incorrectly), this can impair the trucker’s ability to drive safely.
  • A safety inspector: Suppose the truck accident happened due to a safety inspector failing to check whether cargo was loaded appropriately. In that case, the truck’s safety inspector could be liable for your losses, regardless of whether they’re an independent contractor or work for the trucking company.
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There’s a Difference Between Fault and Liability

Consider this scenario. You’re driving on the highway when you’re rear-ended by an 18-wheeler truck. An investigation reveals that the at-fault driver fell asleep while driving because their employer required them to drive for long periods.

In this case, the trucker would be at fault because they’re the ones that caused the collision. However, because of vicarious liability (as well as potentially breaching the FMCSA’s regulations), their employer could be financially responsible for your losses.

Long story short: fault and liability are not interchangeable terms. However, they relate to one another when determining who should pay for your losses.

Compensation Could Pay for These Injury-Related Losses

Whether you’re seeking compensation from one or more parties, financial recovery can account for:

  • Medical bills
  • Pain and suffering
  • Lost income
  • Loss of future earning capacity
  • Disability
  • Scarring
  • Loss of consortium
  • Funeral expenses
  • Temporary transportation costs
  • Your car’s necessary repairs

Our lawyers have experience going head-to-head with big-name trucking companies. Yet, we’re not afraid of a good legal fight. We’ll rely on our years of experience, network of resources, and commitment to client satisfaction to build your case.

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Do I Have To Work with a Truck Accident Lawyer?

The law does not require you to work with a lawyer on your truck accident case. However, legal aid could benefit you if:

  • You’re unsure of who may be liable for the accident.
  • You sustained significant physical injuries due to the truck accident.
  • The trucking company attempts to reduce or deny your claim.
  • You require assistance in negotiating with the insurance company.
  • You fear that you could be partially responsible for the collision.
  • You’re seeking legal advice about your options for recovery.

You can also partner with an attorney if you just don’t want to manage the legal process right now. Regardless of the reason for considering legal action, you have every right to partner with a legal professional.

How Can a Truck Accident Lawyer Help?

Hiring a lawyer after a truck accident could give you peace of mind while you recover from your condition. They will:

  • Explain your legal options for seeking damages
  • Gather evidence to support your right to compensation
  • File your claim or lawsuit
  • Identify the at-fault and liable parties
  • Calculate your losses
  • Negotiate a settlement
  • Keep you updated on your case’s progression

Your lawyer will also file your potential lawsuit before the statute of limitations expires. This filing period depends on where you live. They will also manage your case on a contingency fee basis, meaning that you owe nothing until your case gets resolved.

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