Could There Be a Variety of Defendants in a Truck Accident Case?

                By on February 1st, 2018 in Blog

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When you have been injured in a truck accident, you may wonder who you can bring a claim against, because you have sustained very serious injuries. In truck accident cases, it is not uncommon to see catastrophic injuries, which are known to be some of the most serious. These injuries usually come with permanent disabilities that will follow you through your entire life. Some of the most serious include head trauma, amputation, multiple bone fractures, shoulder injuries, back and neck injuries, severe burns, organ damage, and more. When you have sustained serious injuries and you are finding it difficult to move forward in life, you may consider a claim against the party responsible for your trucking accident. But whose fault was it?

The truth is, there are multiple defendants who could be responsible for your truck accident claim. The most obvious person you typically think of is the truck driver themselves, but they are not always the ones responsible for your injury depending on the circumstances of your case. Sometimes there are multiple parties, which means that you would not only bring a claim against the truck driver, but also a company or manufacturer. It is critical to name all parties that you are bringing a suit against so that you can get the most out of your case and recovery.

The Many Possibilities

Trucking AccidentAfter a thorough investigation of how the accident occurred and all of the details surrounding it, it is important to name the correct defendants responsible. As you will find out, the unique circumstances of how the accident happened will determine the liable parties. This can include any one of the following:

Truck Driver: This is the most obvious defendant, and is usually charged in an accident no matter what. Truck drivers are required to drive with a duty of care in order to avoid a catastrophic crash that could cause injury and death. Some of the reasons why liability could fall onto a driver are when they were driving distracted, used drugs and alcohol before driving, were extremely fatigued, or other violations.

Trucking Company: Trucking companies, just like their drivers, have certain responsibilities as well. They have to ensure that truck drivers are fit to drive, have the right credentials for the job, and follow their hours of service rules. They have to make sure that all the equipment truckers use is working properly and efficiently, without fault. Even if the trucking company didn’t do anything wrong, they could still be held liable if one of their drivers caused a very serious accident.

Cargo Shipper or Handler: Sometimes issues with cargo cause serious truck accidents. Cargo could shift or become unstable, falling off and more. If this was the case, a cargo shipper or handler could be liable.

Truck Part Manufacturer: Perhaps a defect in manufacture caused an accident, as manufacturers are tasked with the duty of ensuring that everything on a truck works properly and without fault. A variety of companies could become involved.

As you can see, there are many parties aside from the truck driver who could be liable for your accident. At Edelstein Martin & Nelson, you don’t have to worry about handling your claim by yourself. If you have received serious injuries in a truck accident, call us for more information on how we can help with your case. We are waiting to hear from you at 888-208-1810.

 

 

Sources:

https://www.hg.org/catastrophic-injuries.html

https://www.hg.org/trucking-accidents.html

https://law-pa.com/