Who Can Be Sued in a Truck Accident Case?

who can be sued in a truck accident case

Truck collisions can cause severe injuries and have long-lasting effects on individuals involved, especially those in smaller vehicles. You do not have to face the aftermath alone if you are a truck accident victim. You may initially believe you don’t have a case, consulting a truck accident attorney is advisable.

Legal liable party depends on the specific situation and evidence that can include the truck driver, trucking company, manufacturer or any other party whose negligence contributed to the accident.

Personal Injury lawyers have the expertise to assess your situation and determine whether you have a case. Before making any decisions, consult with a lawyer. They will help you to pursue financial compensation and make sure you get justice.

Also read: How to find a right personal injury lawyer?

What are the common causes of Truck Accidents?

It is crucial to understand the causes of truck accidents thoroughly to implement effective prevention strategies to control such events, which include:

Driver Errors

Long hours on the road can tire truck drivers, affecting their alertness and attention. Texting, engaging in phone calls, and eating can also distract drivers. Not following the road rules, such as driving above the speed limit and sudden lane changes, can cause accidents. Also, a lack of training and experience results in poor decision making, improper maneuvering, or a failure to manage emergencies can cause accidents.

Truck Defect

Equipment defects, including faulty brakes, flat wheels, or malfunctioning steering systems, can result in truck accidents. Improper vehicle maintenance and inspections cause these problems.

Weather Conditions

Driving in adverse weather conditions in California is challenging for truck drivers. It is dangerous and more likely to result in accidents if there is heavy rainfall, fog, winds, or ice.

Road Conditions

Poor road conditions that include construction zones, poor signage, potholes, debris or uneven surfaces also contribute to accidents.

Improper Loading

Unsafe cargo loading may cause the vehicle to lose control. That can result in jackknife accidents and rollovers, leaving the truck driver and others in danger.

Are Truck Accident Damages Serious?

Truck accidents are scary and have serious damages because of the immense size difference between trucks and regular vehicles. Serious damages that truck accidents acquire are:

  • These injuries frequently result in fatalities as well as fractures, spinal cord injuries, traumatic brain injuries, damages to internal organs, and more. The passengers and drivers on smaller vehicles or pedestrians are at higher risk while colliding with trucks.

  • People involved in truck collisions may suffer long-lasting emotional and psychological impacts. Survivors may face mental health problems such as anxiety, depression, post-traumatic stress disorder (PTSD), and other conditions that require support from a specialist or psychologist.

    Know more about how to cope with mental health issues after a truck wreck.

  • Other vehicles involved in the collision sustain significant damage as a result of the impact of a truck accident. Infrastructure close by, like buildings, traffic signs, and guardrails, may also sustain property damage.

  • For all parties involved in a truck accident can result in enormous financial losses. Some of the financial constraints victims may experience huge medical expenditures, rehabilitation charges, vehicle repairs or replacement costs, lost wages, and possibly litigation costs as well.

  • It is essential to set a high priority on traffic safety and implement preventive measures to lower the frequency of truck accidents and protect people from the seriousness of the truck accident.

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Determining liability in a Truck Accident. Whom to Sue?

liability in a truck accident

Liability for a truck accident isn’t always clear-cut, even though the truck’s driver is the one who is explicitly to blame. The trucking business can also be culpable in addition to the driver. Also, the people involved in cargo loading can be at fault for the truck accident. Potentially liable parties include:

The Truck Driver

The first party held accountable is always the driver in cases where he is driving without adequate care and caution. The first party to be held accountable is the truck driver. If he is driving the truck without using adequate care and prudence. Traffic offenses like speeding, driving under the influence, or other violation of the laws and regulations, determine the liability of the truck driver.

The Trucking Company

The trucking company is held liable for a truck accident when it neglects its duty of inspection, fails to perform preventive maintenance, or appoints unskilled truck drivers. However, it often takes an experienced truck accident lawyer to compile the facts and prove that the root cause of the accident is the company’s actions.

Also read: How you can report an unsafe trucking company?

Truck Manufacturer

Truck manufacturers are also liable parties for any injuries or property damage if the vehicle’s defective parts or critical failure contributes to a truck accident.

The Maintenance Companies

If a truck accident occurs due to a mechanical failure and improper functioning of the trucks on the road, the maintenance company is accountable for liability.

When Do I Need to Sue for a Truck Accident?

You can sue for a truck accident when negotiations break down and the insurance company refuses to provide sufficient coverage. In rare situations, you can also sue if the liable party has no insurance.

Is filing a Truck Accident Lawsuit worth it?

Determining whether filing a truck accident lawsuit is worth it relies on several factors. You have the legal right to sue an at-fault party, but you likely won’t need to in a truck accident lawsuit. Instead, you can submit a personal injury claim to the insurance company of the at-fault party, establishing liability and detailing your damages. Your personal injury attorney will negotiate a fair settlement with the Insurance company.

Conclusion

Truck accidents can result in serious injuries and lifelong effects. It is crucial not to face the aftermath alone if you are a victim of a truck accident. The liable party in a truck accident varies. The truck driver, trucking company, manufacturer, and maintenance companies can be held liable. Consulting a truck accident attorney is crucial to assess your situation and determine liability. On the basis of negligence and statutory misconduct, liability is established.

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Author Bio

Samuel ‘Sam’ Nordean is a founding partner of Nordean Law, APC. He is passionate about standing up for people who struggle with accidental injuries and mistreatment from insurance companies. He holds Bachelor’s and Master’s of Science degrees in Biochemistry from Portland State University. He then earned his Juris Doctor degree from Chapman University School of Law. Sam started Nordean Law to commit to helping people who cannot fight for themselves. His strengths are in representing victims in car accidents, fatal accidents, negligence cases and liability accidents.

Picture of Author Bio
Author Bio

Samuel ‘Sam’ Nordean is a founding partner of Nordean Law, APC. He is passionate about standing up for people who struggle with accidental injuries and mistreatment from insurance companies. He holds Bachelor’s and Master’s of Science degrees in Biochemistry from Portland State University. He then earned his Juris Doctor degree from Chapman University School of Law. Sam started Nordean Law to commit to helping people who cannot fight for themselves. His strengths are in representing victims in car accidents, fatal accidents, negligence cases and liability accidents.

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