Your Truck Accident: Who's to Blame?

8 June 2021
 Categories: , Blog

Any accident is stressful, but if you've experienced a sudden accident with a commercial truck, it can be even more traumatic. The damage to your vehicle and your injuries might be considerable. Feeling eager to hold someone responsible and get some financial relief might be foremost in your mind, but the situation could be more complex than expected. You might want to immediately file a lawsuit, but unless you choose the correct, responsible party, you might not get the outcome you expect. Who might be the appropriate defendant?

The Truck Driver

The driver is likely the person you're most sure is responsible for the accident. This could be the case; the driver may not have slept enough before setting out on their journey. They might have been speeding or didn't use the appropriate signal. To prove that the driver is the one at fault, you will need to gain access to their driving record, their schedule, and other personal details. 

One thing to note is that the company may not insure the driver who got into the accident with you. This is sometimes the case when the driver is only an independent contractor and not an employee.

The Driver's Employer

An entity that may share some blame for what happened to you is the company employing the driver. This may be surprising since the company wasn't on the road with you when the accident took place. However, there are several reasons the company could be at fault.

For one thing, the company may not have properly maintained the truck. If a brake problem caused your collision, it's possible the truck hasn't been serviced for the past year, putting the blame squarely on the company. Perhaps the company failed to notice that the driver had been on back-to-back shifts and sorely needed rest. You'll need to show in your lawsuit that the company did something wrong to result in an accident.

The Product Manufacturer

A less likely, but equally possible defendant in your lawsuit could be the company that made the products that were sitting inside the truck when the accident occurred. If improperly-packaged liquids leaked out into the back of the truck and onto the road's surface, causing you to swerve or skid, that's not the driver's fault. The product manufacture is liable, in such a case.

Any or all of these parties could be held to account in a lawsuit. Truck accident attorneys, such as COLLEY SHROYER & ABRAHAM CO LPA, can help you make smart decisions and ensure you get all the proof you need to prevail.