If you've been involved in a Truck accident case caused by another person, there are numerous legal options to seek damages. But, you may wonder whom you can sue to recover injuries resulting from a collision. Although you might not have to file a lawsuit, you are legally able to claim any party whose negligence led to the accident.
Talking to an attorney for truck accidents who is part of The Justice Now is recommended to discuss your legal situation and the best method to move forward. A knowledgeable attorney from our team will be able to determine the person at fault for the accident and who is liable for your truck accident.
Parties You Can Sue After a Truck Accident
When you’re working alongside an attorney for the case of your truck crash, There are a variety of people you could be able to pursue. An attorney can look into your accident and determine who needs to be accountable for the cost of medical expenses or lost wages, physical pain, and emotional trauma that you’ve been forced to endure.
If it is in your most significant interests to pursue an injury lawsuit to seek compensation, your lawyer can pursue legal action against any of the following:
The Truck Driver
The trucking company is typically accountable for the conduct of their employees; they might be legally able to sue a truck driver directly if the error caused the crash. For instance, the driver could be held accountable when the accident was caused by reckless, drunk, and distracted driving.
Drivers must abide by all of commercial motor vehicle traffic regulations and safety codes. While commercial truckers’ schedules and training must be strictly controlled to avoid accidents, Many truck drivers are exhausted and overworked, striving to meet the strict deadlines. It can be very unsafe for other drivers and lead to an accident.
The Trucking Company
Trucking companies’ drivers must comply with federal laws and safety guidelines. This includes restricting the time drivers are allowed to work and the amount of weight their trucks can carry between locations. Additionally, they must ensure that their drivers are safe on the road.
If your lawyer finds that the trucking company infringed on the law of the state or federal government, You may be able to bring a lawsuit against the company as part of the truck accident case.
It is essential to know that trucking companies have insurance policies with more significant limitations than other motorists. This may mean that they have more insurance for substantial damages, but it also means that your insurance provider for the company will do everything to prevent paying too much for the truck accident case. A skilled attorney can thwart fraudulent insurance strategies and pursue damages.
The Truck Manufacturer or Parts Maker
If the crash resulted from a flaw in the vehicle’s components, it is possible to sue the business that made the vehicle or its components. Your lawyer is likely to have to look into the truck’s past to determine whether any of these companies played a role in contributing to the accident.
A Repair Shop or Mechanic That Worked on the Truck
If the accident resulted from a mishap or inadequate repairs, the person or company who performed those repairs could be liable for the incident. Repair mechanics and shops are required to complete work of a high standard. If they don’t meet this standard, the attorney who handles the truck accident case could be able to sue them.
A Goods Shipper
Sometimes, severe injuries and even death may result from the use of hazardous substances in commercial vehicles. So, the shippers of goods must inform truck drivers and their employers to be aware of the dangers associated with certain products. If they fail to clarify this and a spill from their cargo result in injuries, they could be sued for damages.
A Government Entity
Sometimes, truck accidents do not involve any person associated with the trucking firm. In the case of an accident caused by a lack of maintenance on roads, damaged or damaged signs, or something connected to roadway conditions, it could be the agency that is responsible for maintaining these roads could be responsible.
Although you can bring a lawsuit against a government entity in the event of a truck crash, Ga. code SS 50-21-26 requires you to formally announce your intention to file a legal suit within 12 months from the accident date. The rules can differ for local governments.
When Would I Need to Sue for a Truck Accident?
While it is within your legal right to sue the at-fault participant in a fatal trucking situation, you may not be required to. However, your lawyer can submit a claim to the insurance company of the Party at fault. If your lawyer can negotiate a fair settlement with the insurance company, you won’t have to think about filing a civil lawsuit.
The best time to sue the person responsible for causing an accident occurs when insurance negotiations end in a stalemate. Suppose the insurance company will provide more funds to cover your expenses. In that case, your lawyer may have to file an action to obtain appropriate compensation for the losses you suffered.
In rare instances, the at-fault Party could not be insured. In this case, your lawyer will likely attempt to locate a third party with an insurance policy. However, a lawsuit might be the only option if no other at-fault parties exist.
Common Causes of Truck Accidents
To determine who you can sue for the losses resulting from your collision, the attorney you hire must identify the cause of the accident. Finding out the reason for the crash will enable your attorney to determine who’s negligence caused the injuries and damages.
The most common causes of semi-truck and tractor-trailer accidents include, however, they don’t have to be limited to the following:
- Tiredness of the driver or fatigue
- Driving distracted
- Driving under the influence of alcohol or drugs
- Manufacturer defects
- Broken brakes
- Unsafely loaded or overloaded cargo
- Incorrect maintenance of the truck or inspection
- Driving aggressively or speeding
- Poor or unsafe hiring practices
Truck Accident Compensation You Could Receive if You Sue the at-Fault Party
If the lawyer for your truck accident suggests you pursue a lawsuit or submit insurance claims, you might get various damages. In the event of an accident, based on the expenses and other intangible losses that you’ve suffered, the successful case could result in any of the following damages:
- Medical and hospital bill
- Prescription medication expenses
- Charges for ambulances
- Costs for surgeries, tests, and physical therapy
- Future medical expenses
- Loss of wages
- Property damaged
- Repair costs for autos
- Suffering and pain
- Emotional distress
- A loss of enjoyment in life
- If appropriate, punitive damages.
How Long You Have To Sue for a Truck Accident
It’s crucial to realize that you’ll only have a short period of time in which to pursue the person who caused your truck crash under Ga. Code SS 9-3-33, accident victims generally are given two years following the event date to file a suit. But there are instances in which you could have a shorter time to file a lawsuit, for example, a lawsuit against a government institution.
Inaction outside of the statute of limitations in your state could prevent you from receiving the financial assistance you need to recover from the collision and the injuries. It is good news if you contact an experienced lawyer as soon as possible, and they will take the proper actions within the stipulated state deadline.
Talk to a Trusted Truck Accident Lawyer in for a Free
Deciding who you can claim in a truck accident case is difficult, particularly if you don’t know the law and are still recovering from injuries. For a discussion of your situation as well as legal alternatives with a reputable and experienced lawyer for truck accidents contact. The Justice Now associates..
We’ve been assisting injured victims of accidents on the road to get the justice they deserve for more than 20 years. We’re waiting to help you too. Contact us now to set up your free appointment with an attorney dedicated to helping you recover.