Who Is Liable for a Truck Accident?

When you have suffered an injury in a truck accident, there may be several entities that you can sue. It generally helps to cast a wide legal net in your case, and if anyone played a role in your truck accident, you should name them in the lawsuit. 

Although it does not make your case worth more, suing those responsible increases the chances that you can recover all the damages you are due.

The best way to learn who was responsible for your truck accident is to hire a truck accident attorney to handle your case. Truck accident cases can involve multiple parties, insurance companies, and often significant damages.

An experienced attorney knows the laws and regulations surrounding truck accidents and can handle the legal process efficiently. They will conduct a complete investigation of the accident to determine all responsible parties.

To give your truck accident lawyer enough time to work and conduct a thorough investigation, you must hire them for your case now. Otherwise, valuable evidence may no longer be available for them.

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Examples of Negligence in a Truck Accident Case

Some examples of negligence that a truck driver does to cause an accident include:

• Rear-ending your car because they did not stop in time to avoid an accident;
• Sideswiping your vehicle because they did not check their blind spot before changing lanes;
• Rolling over onto the roadway because the truck driver took a turn too fast;
• Making an illegal turn into the path of your car; or
• Causing a jackknife accident because the driver was going too fast.

The Trucking Company Must Pay for the Actions of the Truck Driver

Even though the truck driver may have been the cause of the accident, they are not the entity you want to sue (unless they are self-employed and do not work for a trucking company).

The real party in interest is the trucking company because it has the insurance coverage and assets necessary to pay for your injuries. Truck accidents tend to result in severe injuries because the truck drastically outweighs your car. Your truck accident lawyer will find the responsible party to sue who can pay for your damages.

The legal principle is that trucking companies are legally responsible for the actions of their employees that occur within the scope of their employment. In other words, if the truck driver is driving for their employer at the time of the accident, the trucking company is liable if the driver was negligent; a truck driver is an agent, and their employer is the principal.

Under the theory of respondeat superior, trucking companies are responsible for paying for the damages caused by their driver. While the truck driver is the one who caused your injuries, they will not have the money to pay you.

Federal regulations require a trucking company to have at least $750,000 in insurance coverage. In reality, the minimum truck accident insurance policy is $1 million. Trucking companies also may have assets to satisfy a judgment if they do not have enough insurance coverage.

For example, an angry jury may assess punitive damages based on the degree of fault, dramatically raising the amount of your award.

Other Ways that the Trucking Company is Legally Responsible for Your Accident

You can hold trucking companies liable for other reasons.

For example, it may have been the company's negligence that caused the accident, including:

• Not correctly screening the driver before hiring them;
• Failure to terminate a driver who has demonstrated a poor safety record;
• Cutting corners in the maintenance of the truck and not putting a roadworthy vehicle on the road; or
• Not properly loading the cargo onto the truck by changing the center of gravity and causing a rollover accident.

Who Else Is Responsible for Your Truck Accident Injuries?

There may be other potentially responsible parties who you can pursue in a truck accident case. Your truck accident lawyer will thoroughly investigate what happened and determine who you can sue.

Always cast an expansive net in a truck accident case, naming every potential party to blame in the lawsuit. This course of action increases your chances of receiving a full financial recovery for your truck accident injuries.

Other potentially responsible parties in a truck accident lawsuit may include:

• A third party that the trucking company hired to perform maintenance on the truck (although the trucking company cannot escape liability because they outsourced a function to someone else - you can hold it liable for negligent hiring and retention);
• The truck driver - if the driver was working for themselves, you can sue them directly, and the truck driver also must meet federal insurance regulations;
• A third party who was responsible for loading cargo onto the truck (if the cargo caused a rollover accident);
• Any other company that may have had a role in directing the truck driver’s actions;
• The manufacturer of the truck, a part, or any other company that was in the stream of commerce when there was a defect in a liability lawsuit - you will need to prove that there was a design, manufacturing, or marketing defect to win your case; or
• The government, if it failed to design or maintain the road in reasonable condition.

Your truck accident lawyer may learn of potentially responsible parties as part of their investigation. You can always add more parties to your lawsuit if it is within the statute of limitations.

More Defendants Means More Assets and Insurance Coverage

At the same time, your wrongful death attorney will also work to quantify the amount of damages that you suffered. Your damages are the same, no matter how many responsible parties you sue. However, more insurance coverage and assets will be available to pay your damages.

If more than one party contributed to your injuries, you can hold them jointly and severally liable. Any one defendant may need to pay you the total amount of your damages. They will need to collect from other defendants who played a role in the accident based on the amount of fault they bear.

The jury may also apportion liability among the individual defendants. Either way, you do not have to worry about who may have to pay what. All you need to do is pursue anyone who was to blame for your accident.

Get Help from a Truck Accident Attorney

You should always contact a truck accident attorney after you have suffered an injury as soon as possible. Whether you can hold the trucking company or anyone else responsible for the accident is hanging in the balance.

You need a truck accident lawyer to thoroughly investigate the accident to determine who may have been responsible.

Then, your truck accident attorney will compile the evidence you need to prove that someone else was to blame. They will investigate the accident, interview witnesses, and gather any available documentation, such as police reports and medical records. This evidence can be crucial in establishing liability and proving the extent of your damages.

At this point, your truck accident lawyer will work with you on your potential pathways to financial compensation.

If the trucking company followed the law and has insurance coverage, you will deal with an insurance company in your case. Your truck accident lawyer may advise you to try to work with the insurance company to settle your case without filing a lawsuit, but that often does not happen.

How a Truck Accident Lawyer Can Help You

You will likely file a truck accident lawsuit for your injuries, naming all possible defendants. At that point, you will begin a lengthy legal process that can take many months or years. You may be up against trucking and insurance companies trying to fight you tooth and nail at every step.

Trucking companies may realize their very existence is at stake and try to defeat your case in any way possible. You can only overcome these defenses and potentially receive every dollar you are due by hiring a truck accident lawyer to fight for you.

 When you hire a truck accident attorney, they can:

• Investigate the circumstances of your accident and gather any evidence that you need to prove that someone else is responsible for your injuries;
• Direct the trucking company (or any other possible defendant) to preserve any evidence that you may request as part of a truck accident trial);
• Work with expert witnesses to quantify the amount of your damages (you have the right to get paid for both your economic and non-economic damages, and you may even qualify for punitive damages);
• Draft a truck accident claim or lawsuit to file on your behalf;
• Continue to obtain evidence that can help your case through the discovery process in a lawsuit (there may be evidence in the trucking company’s possession, such as black box data from the truck or maintenance records for the vehicle, that can be helpful to your case;
• Negotiate with the trucking or insurance company during the lawsuit process to potentially settle your case; and
• Argue your case in front of a jury if you cannot reach an adequate settlement in your case.

As you can see, you should never be without legal representation in a truck accident case for any significant amount of time. Too much can happen to leave anything to chance. Your truck accident case can take considerable time from start to finish.

The sooner you hire a truck accident lawyer (and reach the point of maximum medical improvement), the quicker you can file a claim or lawsuit to seek financial compensation.

It may take your truck accident attorney some time to work in the background before they can file your claim, so it is better to bring them on the job now than to wait.

It Costs You Nothing Upfront to Hire a Truck Accident Attorney

After a truck accident, the physical, emotional, and financial toll can overwhelm you. You may hesitate to seek legal help because you are worried about the cost, but hiring a lawyer for your truck accident case will not cost you anything out of pocket.

In a truck accident case, attorneys typically work on a contingency fee basis, meaning they only get paid if they successfully recover compensation for you. You do not owe them anything if they do not win your case.

This arrangement allows you to pursue your legal rights without the added worry of upfront fees. It also incentivizes your lawyer to work hard because their payment ties directly to the outcome of your case.

By hiring a lawyer for your truck accident case, you gain an advocate who will guide you through the legal process, negotiate with insurance companies, gather evidence, and build a strong case on your behalf.

Their experience can significantly improve the outcome of your case. Do not hesitate to contact an attorney to protect your rights and ensure you receive the compensation you deserve.

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