CAN I SUE THE TRUCK DRIVER AND THE TRUCKING COMPANY FOR A TRUCK ACCIDENT?
Posted on Friday, December 25th, 2015 at 6:51 am
In most motor vehicle accidents, the at-fault driver is the person you sue if you cannot settle your accident claim with the insurance company representing that driver. However, in a truck accident, the person at fault may not be as clear. A car crash involving a large truck is far more complex than a collision involving two passenger vehicles. You may have several parties who share fault for the accident in a truck case rather than one person. A detailed truck accident investigation is the only way to determine the parties responsible for your injuries.
If you have been injured in a California truck accident, you need an experienced truck accident lawyer to conduct the investigation. The trucking industry is governed by a complicated set of federal and state laws and regulations. In order to identify the correct parties to sue in a truck accident case, your attorney must understand the truck laws and regulations in addition to understanding the various parties involved in the trucking industry.
Who are the Potential Defendants in a Truck Accident Lawsuit?
While many commercial truck accidents are caused by driver error, not all motor vehicle accidents involving tractor-trailers and semi-trucks are caused solely by the driver. In some cases, you may have two or more parties who are potentially liable for the accident. By identifying each of the potential parties who are responsible for the accident, we can increase the chance that you will receive the maximum compensation available for your damages.
Potential defendants in a truck accident lawsuit include:
- Manufacturers and/or Repair Shops – The safe operation of a commercial vehicle begins with the manufacturer. If there is a defect in the construction of the vehicle, the manufacturer may be held liable for any damages arising from a crash. If a repair shop made an error while repairing the truck or trailer, it may be named as a defendant in the lawsuit. Likewise, parts manufacturers may be named as defendants if a defective truck part is found to be partially liable for the accident.
- Trucking Companies – Trucking companies are often named as defendants because they own the truck and trailer or they employed the truck driver. Trucking companies often cut corners and push truck drivers to take risks in order to save money. If the trucking company violated any trucking regulations or laws, they can be held liable for your damages.
- Shipper and Loading Facility – If a shipper fails to disclose hazardous materials or a loading facility improperly loads the trailer causing the contents to shift during transit, the parties could potentially be named as defendants in a lawsuit. The loading facility and the shipper have a responsibility to ensure that the contents are safe for transport.
- Truck Driver – Truck drivers are often at fault for accidents due to driver error or negligence. Speeding, distracted driving, driving while impaired, fatigued driving, and other reckless and negligent actions can result in a serious and catastrophic accident. If the driver was at fault, he or she will be named as a defendant in the truck accident lawsuit.
Do You Need a Sacramento Truck Accident Law Firm?
If you have been injured in a truck accident, contact Tiemann Law Firm by calling our toll free number at (916) 999-9000 or chat with a representative on our website. You need a truck accident law firm who understands the importance of a thorough and timely truck accident investigation to ensure every party responsible for your injuries are held accountable.