After a Truck Accident, Who Can You Name as a Defendant?
In the aftermath of a truck accident, it is normal to feel angry or frustrated at the truck driver who caused your injuries. You may even consider filing a personal injury lawsuit against the trucker. Before you do so, however, it pays to stop and discuss the issue with a skilled attorney – the truck driver may not be the only negligent party who contributed to your injuries.
It is important that you consider all possible defendants, because truck accident cases can involve more than just the driver. In many accident cases, the trucking company is also partially responsible for the accident in any way. Common reasons include:
· Negligent hiring: If the company knew or should have known that the truck driver was unsafe or unreliable, but they hired him or her anyway, the company can be found partially liable for any injuries that driver causes.
· Encouraging drivers to break regulations: Employers cannot directly encourage drivers to break safety regulations, including rules governing the amount of rest time the driver must take each day. Furthermore, trucking companies cannot create a work environment in which breaking regulations are tacitly approved or required to succeed.
· Failure to maintain vehicles: Trucking companies must keep their fleet in good working order.
· Dangerous load: Either the trucking company or the shipper of goods could be responsible if an unbalanced or poorly secured load causes injury on the roadway.
· The doctrine of respondent superior: If the trucker is employed by the trucking company then the company can be held vicariously liable for their employee’s negligent conduct.
Under certain circumstances, truck or tire manufacturers could also be named as defendants. If a defective component contributed to the accident, you could seek compensation under product liability laws.
Truck accident cases can be complex, and it is often difficult to determine exactly who can reasonably be named a defendant in any given situation. For this reason, it is advisable to work with an experienced personal injury attorney from the very beginning of the process. Your attorney will help you identify defendants and prepare an effective, well-crafted case.
If you have suffered an injury in the Dallas area, GreeningLaw, P.C., can help you pursue legal action against the negligent parties responsible. To schedule a consultation with attorney Robert Greening, contact our firm online or call 972-934-8900.