How Do Truck Accidents Lawyers Determine Who to Sue in a Truck Crash?
Who is to blame for a commercial truck crash? Sometimes that is not easy to determine. In May parts of Interstate 5 and Interstate 805 were shut down when three separate tractor-trailer crashes occurred. When a truck is involved in a motor vehicle crash, a truck accidents lawyer can help you determine who is at fault for your injuries. This is a vital piece of information because insurance companies for trucking companies aggressively fight claims involving large trucks because these claims tend to be significant.
Truck accident claims are high because victims suffer serious, life-altering injuries due to the nature of the vehicle involved in the collision. In over 70 percent of all truck crashes, the fatalities and injuries are to occupants of other vehicles. With statistics like this, it is no surprise that insurance companies fight claims to reduce the amount of money they lose each year by paying truck accident claims.
You Need an Experienced Truck Accidents Lawyer on Your Side
Do not face insurance companies alone. Insurance companies have teams of adjusters, lawyers, and other professionals fighting to protect the company’s best interest. Gordon R. Levinson used to be on some of those teams as an attorney for some of the largest insurance companies in North America.
Now Gordon uses his experience and insider knowledge to fight for injured and aggrieved people against the big insurance companies. Put his experience and insider knowledge on your side by calling the Levinson Law Group at (760) 642-5475 today for a free consultation.
The Levinson Law Group accepts cases on a contingent fee. That means that if there is no recovery in your case you pay no fee. And in most cases, we even advance the costs.
Potential Defendants in a Truck Accident Lawsuit
In most car accidents, the only defendant you have is the driver of the other vehicle. In a truck accident lawsuit, this is sometimes the case but not always. Truck accidents lawyers conduct thorough and comprehensive truck accident investigations to determine who is at fault for the collision. It is vital to name the correct defendants in a lawsuit in order to collect compensation for damages. It is also vital to name all of the parties responsible for the collision in order to maximize the chance of receiving full compensation for damages.
Who is responsible for your commercial truck accident?
- Truck Driver
A truck driver is usually the most likely at-fault party in a truck crash. Truck drivers are at-fault for a variety of reasons including driving under the influence, speeding and other traffic infractions, fatigued driving, distracted driving, and lack of experience. However, even if the truck driver is at blame for the truck crash, there could be other parties who have some fault for the crash too.
- Trucking Company
Trucking companies, including the owners of the truck and the trailer, can be held liable in a truck crash. Truck companies routinely push their drivers to exceed the maximum driving hours allowed by law. If your truck accidents lawyer can prove the trucking company had knowledge of and condoned breaking the law regarding driving hours, the trucking company may be held liable in addition to the truck driver. Other examples of trucking company negligence include failing to adequately train truck drivers, failing to maintain trucks and/or trailers, and failing to perform routine health evaluations for their drivers.
- Truck Manufacturers
As with other product liability cases, the truck and/or trailer manufacturer can be held liable for defective products and/or parts. If the truck has a defective axle or brakes and this caused the truck crash, the truck manufacturer may also be named as a defendant in your truck crash lawsuit.
Some truck crashes are caused by improperly loaded cargo that shifts causing the truck to crash. If this is the case, the shipper who loaded the truck may be held liable for injuries in a truck crash. Likewise, a shipper who fails to notify the truck driver and truck company that the materials being transported are hazardous material that require special handling can be held liable in the event of a truck crash that result in injuries from the cargo.
- Repairmen and Repair Shops
If the owner of the truck or the truck driver hires a repairman and/or repair shop to fix something on the truck or trailer and that workmanship is fault, that person and/or company may be held liable for damages in a truck crash caused by the fault workmanship. This also includes using used, worn, or incorrect products to make the repairs on a truck.
Because a truck crash lawsuit can have multiple defendants who share the fault for a truck crash, it is important to retain an experienced truck accidents lawyer who understands how to identify the parties responsible for your truck crash. Experience and knowledge of trucking laws is critical when dealing with a truck crash claim.