What parties can I sue for my tractor-trailer accident?
Following a tractor-trailer accident, you can file a lawsuit against a number of parties, some of whom may or may not have been on the road at the time of the accident.
Truck Driver
Tractor-trailer drivers have more legal responsibilities than passenger car drivers, and breaking any of these laws can result in an accident. Even if a driver is entirely to blame for an accident, the trucking company may not be held liable.
Trucking Company
Trucking companies are required to inspect their trucks as often as necessary; if they fail to do so, or keep one in operation despite any defects or maintenance needs, they may be held liable for any accidents that occur; they may also be held liable if they force their drivers to operate the truck in dangerous road conditions.
Truck Maintenance/Repair Company
Trucking companies frequently hire other companies to handle their fleet’s maintenance and repairs, and these companies can be held liable for accidents in a variety of ways, including failure to perform the maintenance they were hired to do, incompetent maintenance, or failure to make required repairs.
Manufacturer of Truck or Part
To hold a manufacturer liable for an accident caused by a defective truck part, you must show one of the following: the product was defective, had a safer alternative design, and the defect was the cause of your injury; or the manufacturer withheld or misrepresented information about the product.
Do I need a lawyer for my tractor-trailer accident case?
A lawyer can help you keep track of all the moving parts in a truck accident. Determine all potentially liable parties and the best course of action. Assist you in proving liability. Preserve and gather evidence from the trucking company. Represent you in court if the at-fault party refuses to give you what you deserve.
How can I get help with my tractor-trailer case?
We have decades of experience handling tractor-trailer accidents at Lovins Trosclair, PLLC, and we don’t charge a fee unless we win, so there’s no risk and no obligation when you call us for a free consultation at 512-535-1649 or 214-484-1930.
Who is liable after a truck accident?
Truck manufacturers and parts manufacturers may be held liable if their negligence contributes to a truck accident. Some truck accidents are caused by the truck or one of its component parts failing, such as tire blowouts, brake failures, or issues with the steering or coupling (kingpin) systems.
Can I sue for being hit by a semi truck?
If a truck driver’s carelessness resulted in serious injuries to you, you can seek compensation through civil litigation. A personal injury lawsuit is your best option for compensation. A semi truck is no match for a passenger vehicle.
Who can be sued in a truck accident case?
While you may not need to sue anyone, you can technically sue anyone who was negligent in the truck accident’s cause. It’s best to speak with a truck accident lawyer in your area about your legal case and how to proceed.
Are truck drivers liable for damage?
When an accident occurs as a direct result of their negligence and outside the scope of their job duties, a truck driver may be held liable for damages and must compensate the victims. Another example is when a truck driver stops to visit a family member en route to their destination.
What happens when a company truck hits you?
In general, companies are held responsible for their employees’ actions while they are “on the clock.” This means that if a commercial vehicle driver was working at the time of the accident and was found to be at fault, the company that owns the vehicle will be held liable.
Can an employer make you pay for an accident?
While your employer may be upset if you’re found to be at fault for an accident you caused, they can’t withhold your pay or make you pay back the costs they incurred.
How much should I ask for a Personal Injury Settlement?
For example, if you believe your claim is worth between $1,500 and $2,000, make your first demand for $3,000 or $4,000. If you believe your claim is worth $4,000 to $5,000, make your first demand for $8,000 or $10,000.
Do semi truck accidents go trial?
Because semi-truck accidents are serious matters that frequently result in catastrophic, life-altering injuries, it’s no surprise that so many truck accident cases end up in court. Although semi-truck accidents don’t always end up in court, many do.
How pain and suffering is calculated?
It can be difficult to decide which method to use to calculate pain and suffering. The insurance company, or a jury, will determine how many days you are expected to be in ongoing pain or discomfort, then apply your daily rate of pay to the equation and multiply the days of pain by your rate of pay per day.
What happens if you get in an accident in a company car?
If you’re in an accident in a company car and your employer has commercial auto insurance, the commercial auto insurance provider will usually pay any valid claims as long as the employee was driving safely at the time of the accident.