When a trucking accident occurs, the victims of the collision may experience serious injuries and significant losses. In some cases, the truck collision results in the death of victims. Those who are hurt in a truck crash may make a personal injury claim to recover compensation. Those whose loved ones are killed may also take legal action and pursue a wrongful death claim.
Victims and surviving family members may pursue a claim against a truck driver, provided the driver was negligent or broke the rules of the road. However, a trucker is not necessarily the only person who you can bring a truck accident case against. In fact, there may be other defendants that you can sue that have more insurance coverage and more money to pay for damages. A Murfreesboro, TN personal injury lawyer at Bennett | Michael | Hornsby, Attorneys at Law can provide you with the legal representation you need to decide who to sue in a trucking accident case.
Who to Sue in a Trucking Accident Case
In a trucking accident case, you can file a lawsuit against the driver of the truck if you can prove the driver was unreasonably careless and his negligence was the direct cause of your crash. If the truck driver broke any rules, such as regulations set by the Federal Motor Carrier Safety Administration (FMCSA) on maximum drive time, then the negligence of the trucker can be presumed. You will also need to show that the carelessness or rule violation was a direct cause of the accident and any resulting injuries or deaths.
In addition to the trucker, you can also sue other parties in a trucking accident case including:
- The trucking company that employs the driver. The trucking company is responsible for its own negligence. This means if the company has inadequate policies in place to protect the public, the company can be held liable for resulting collisions. A trucking company that fails to provide sufficient training may also be to blame for a collision. In addition to liability for its own negligence, however, the trucking company is also responsible for acts of its employees while on duty. This means that when a trucker is careless, the trucking company is also responsible for any resulting collision and the victims may sue the company. Since trucking companies typically have much more insurance and more money than individual drivers, pursuing a claim against the company can make sense.
- The truck manufacturer. If there were defects in the truck that led to the collision, you can take legal action against the company that manufactured the defective truck or its parts.
- Those responsible for road maintenance and design. If a government agency was negligent in taking care of the roads and this was the direct cause of the collision, you can pursue a claim against the agency. However, there are special rules when you file a lawsuit against the government.
Bennett | Michael | Hornsby, Attorneys at Law can represent you after any type of motor vehicle collision, including truck accidents. We will advise you every step of the way in your trucking accident case, including helping you to decide who to sue. Call today to schedule a free consultation and learn more.
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