9 Jan 2019,

Who May Be Sued In A Trucking Accident Case?

Have you or a family member been injured in a commercial trucking accident? Are the trucking company and its insurance company denying your claim alleging another party is responsible for your injuries? If so, you need an experienced trucking accident attorney who understands the importance of a trucking accident investigation to identify the correct parties responsible for your injuries.

Gordon R. Levinson of The Levinson Law Group has the experience you need when faced with a difficult and complex personal injury case. Trucking accidents are not handled in the same way as other vehicle crashes — you need an attorney who understands this difference. Mr. Levinson worked for big insurance companies so he knows the tactics they use and he knows the best methods for battling these insurance companies. We accept 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. For your free consultation, call (760) 642-5475 today.

Who are the Defendants in a Trucking Accident Case?

Commercial trucking accidents are more complex due to the federal and state regulations and laws governing the trucking industry. One of the key issues in a trucking accident case is to identify the correct defendants for a lawsuit or claim. In most car crashes, you have one defendant — the driver of the other vehicle. However, in a trucking accident case, you may have several defendants who are responsible for the crash.

These types of vehicle crashes involve large tractor trucks, trailers, and loads; therefore, fault for the accident is sometimes difficult to determine. As an experienced trucking accident attorney, Mr. Levinson has years of experience working with industry experts recreating crashes to identify all of the defendants liable for your damages.

In a trucking accident case, you may be suing one or more of the following parties:

  • Truck Driver – In most crashes involving a commercial truck, the driver is named as a defendant. Many trucking accidents are the result of driver error involving distracted driving, excessive speed, inexperience, impaired driving, or reckless driving.
  • The Truck Company – We examine the company who hired the driver to determine if the company violated safety regulations or other laws that make it partially responsible for your damages.
  • Owner – The owner of the truck and the trailer may be different from the driver or the truck company. This is something that some attorneys may overlook if they do not have experience with this type of personal injury claim.
  • Shipping and Loading – A common reason for trucking accidents is shifting loads during transport. The shipper is responsible for loading the truck in a safe manner and in accordance with industry standards. If the shipper fails to load the truck correctly or the shipper fails to notify the driver or the company when hazardous materials are being shipped, this company may be a defendant in the lawsuit too.
  • Manufacturers and Truck Repair Shops – Large commercial tractor trucks and trailers have special parts and require special maintenance in order to operate correctly. If a defective part was used on the truck or if the repair shop made a mistake, we would name the liable party as a defendant in the lawsuit.

One purpose of a trucking accident investigation is to determine liability. If an attorney does not understand all of the parties involved in the trucking industry, the attorney may overlook a key defendant who may be liable for your damages.