Know all about Who to Sue When Injured as a Passenger in a Truck Accident
Getting into a truck accident can be terrifying. Commercial trucks are big and heavy, and a collision with a smaller vehicle can be devastating. In the aftermath of a truck accident, it’s common to wonder who to sue for your medical bills and other damages. There are usually several potential parties to file a claim against.
Filing a truck accident claim isn’t difficult with the help of an Atlanta tractor-trailer accident lawyer. A truck accident lawyer can evaluate your claim for free and oversee the entire legal process on your behalf. That way, you can focus on recovery and getting your health back.
Truck accidents are more complex than crashes between regular vehicles. One of the reasons is that more people and entities can potentially be liable. Every case is different, but some of the potential parties you may file a truck accident claim against include:
The trucker is usually the most common party to sue after a truck crash. Truck drivers are supposed to use a higher standard of care than other drivers because they have commercial driver’s licenses or CDLs.
However, many truck accidents happen because of driver error. Truck drivers may make mistakes behind the wheel, such as speeding, being distracted by a cell phone, drunk driving, unsafe changing lanes, etc.
The trucking company is another common party to sue after a truck crash. The trucking company is often vicariously liable for the actions of their drivers. If the trucker is an employee of a trucking company, it may be responsible for any errors the driver makes that cause an accident. This is important because the trucking company must carry large commercial insurance policies that compensate injury victims after an accident.
The carrier could be liable for several reasons. The company may have hired a negligent driver with a bad driving record, or it may have offered subpar training. A truck accident attorney can review the trucker's training and driving records to determine if the carrier was negligent.
Many drivers don’t know that their employer and the one who loaded the truck could be different entities. Sometimes, the cargo loading company may overload or improperly load the trailer. When the cargo isn’t loaded properly, the driver could lose control and hit other cars. In the worst case, the truck may turn over onto another vehicle.
Many truck accidents happen because something is wrong with the truck. Trucking companies and drivers are required to inspect their rigs every day. They also must be regularly maintained, but doing so costs money and takes the truck off the road. Sometimes, carriers forego maintenance to save money, which can cause accidents.
Common items to neglect on trucks are the tires and brakes. Each tire costs $500 or more, so there is an incentive to drive trucks on bald tires. Doing so increases the chances of a blowout or the truck's inability to slow down quickly.
Truck brakes are complex and expensive to maintain. Some truck crashes happen because of brake failures related to lack of maintenance. Your attorney will review the truck’s maintenance records to prove if there was any improper or inadequate maintenance that caused the wreck.
Vehicle Manufacturer
Sometimes, the truck itself or its parts can be defective. For example, defects in the air brake system could prevent the brakes from functioning under heavy loads. Problems with other systems on the truck may also cause an accident. An attorney can review the truck’s records and recalls to see if a product defect caused the crash.
Truck accidents are often much worse than other crashes. You could have severe injuries and be out of work for months or even forever. Having a truck accident attorney review your case is critical. If another party was at fault, you could receive vital compensation to help you recover.
A truck accident attorney does not cost the injured party anything out of pocket; the attorney is paid with part of the settlement or jury award funds. You do not pay legal fees unless you get compensation, so there isn’t any risk.
