5 Parties That May Be Liable for Your Truck Accident Besides the Driver

 Posted on February 24,2017 in Truck Accidents

When you get into a truck accident, your first instinct may be to accuse the driver as the party at fault. This is a logical thought, and often the driver is all or partially at fault.

Drivers may have been driving fatigued or otherwise not adhering to state and federal trucking regulations. However, drivers are not the only party that can be at fault. For example, if the truck accident was caused by defective brakes the company who manufactured the brakes or the business that inspected the brakes during a maintenance check may also be responsible.

There are many types of entities that may be responsible for your truck accident including:

1. Truck carrier company. The company could have negligently hired the driver or failed to supervise him or her. The company could have promoted breaking with state and federal regulations.
2. Freight shipper. This type of company could have overloaded or improperly loaded the truck.
3. Truck maintenance company. Trucks are required to undergo routine maintenance. If an employee of a maintenance company failed to repair a defect that caused an accident, the company could be liable.
4. Governmental entity that designed, constructed or maintained the roadway.
5. Truck part manufacturer.

Keep in mind that each entity likely has its own insurer who will have to be brought into the lawsuit or settlement negotiations.

Contact a Will County Truck Accident Lawyer

If you have been injured in an accident caused by a truck, you should contact an attorney who knows how to hold all parties liable for the accident. A lawsuit for injuries sustained in a truck accident is a one shot deal. You only have one chance to bring a suit.

At the trial, the parties who have been accused of causing the accident may attempt to blame the accident -- or a portion of the accident -- on another party, even if that party is not in the suit. If they are successful, your award could be lowered.

For example, if you sued the driver and the carrier, and at trial, they argued that a truck part manufacturer was totally or partially at fault, your damage award would be eliminated or reduced, depending on the degree to which the jury found the manufacturer liable. You likely could not sue the manufacturer at this stage due to the statute of limitations.

Situations like this are why you should contact a truck accident attorney as soon as possible. Contact the experienced Plainfield, IL truck accident attorney at Flaherty Law, LLC by calling 815-577-7500. We offer free consultations and case evaluations.

Source:

https://www.fmcsa.dot.gov/regulations/title49/b/5/3