Who Can I Sue After a Truck Accident?
Who you can sue after a truck accident depends on who caused it and other details. For example, if the truck driver caused it, their employer would take financial responsibility in most cases due to the doctrine respondeat superior. This principle places liability on employers when their employees act negligently. However, trucking companies, manufacturers, and loading companies might have also played a role in causing the crash.
Our personal injury lawyer can help you identify the negligent and liable parties in a truck accident case. Call Herschensohn Law today at (206) 588-4344 to find out more about how we can assist you.
You may think that the truck driver is the only responsible party for your accident, and while that is true in some cases, there are other times when another party is either solely or partially responsible for the accident. Once you determine who is liable for your accident, you can bring your lawsuit against them.
Possible responsible parties in a truck accident include the following:
The Truck Driver
In addition to posted signs and rules of the road, truck drivers are subject to Federal Motor Carrier Safety Administration (FMCSA) regulations. Part of them includes the Hours of Services, which enforces rules on:
- The maximum number of hours a driver may drive their truck
- The maximum number of hours a driver may be on duty
- The number and length of required rest periods
If a driver does not follow any of these rules, they may put the lives of drivers they share the road with at risk. Other reasons why a truck driver may be responsible for your accident include:
- Speeding
- Distracted driving
- Failing to yield
- Failing to check their blind spot
- Driving while fatigued
- Driving under the influence of alcohol
- Reckless driving
Although the truck driver might have been negligent on the road, they may not be liable for your damages. Liability indicates financial responsibility rather than fault, which indicates who caused the crash. Since trucking companies usually take responsibility for their employees and what they do, the company may be on the hook for your damages.
The Trucking Company
The trucking company may be liable for your accident if they fail to perform the duties deemed necessary to keep their truck operating safely. Trucking companies must have routine maintenance done to their vehicles to ensure all parts of the vehicle are operating correctly, including the following:
- Brakes
- Tires
- Headlights, taillights, and signal lights
- Mirrors
- Steering systems
- Suspension systems
- Windshield wipers
If any of these parts don’t work properly, the truck could operate unsafely. An accident caused by faulty brakes may be the fault of the trucking company, not the truck driver, even if the truck driver rear-ends your vehicle.
Trucking companies may also bear responsibility for hiring qualified drivers and ensuring that they have the proper license to operate the vehicle. If they fail to properly vet these drivers and they cause an accident, you may have grounds to sue the trucking company.
There are also times when trucking companies will force their drivers to break Hours of Service laws to meet a deadline. As a result, the driver may feel drowsy and doze off behind the wheel, potentially leading to serious accidents.
A Truck Parts Manufacturer
You may sue the truck manufacturer or the manufacturer of a defective truck part if they fail to inform the trucking company of the danger their defective part poses.
A defective part may go unnoticed by the trucking company, because it may not work properly from the moment it is installed in the truck. If the trucking company has a part replaced, they may not have to ensure that it is working properly. If an accident occurs shortly after, the manufacturer of the part may be liable.
The Loading Company
The loading company is responsible for loading cargo onto a truck. If they fail to properly balance the cargo, overload the cargo, or do not properly secure the cargo, it can lead to a truck accident. In this event, you may pursue a case against the loading company.
To prove that the loading company was responsible for the accident, police and your attorney would review the truck driver’s logbook, which details when and what the cargo company loaded onto the truck and other relevant information.
If you were hurt in a truck accident, you should have the right to sue the liable party for your damages. Possible compensation you may recover includes the following:
- Past and future medical care costs
- Lost income
- Reduced earning potential
- Property damage costs
- Pain and suffering
- Disfigurement
- Mental anguish
- Funeral or burial fees
You don’t have forever to sue for these damages. Under RCW 4.16.080, you must generally comply with a three-year deadline to file a lawsuit against the liable party. Failure to do so may lead to the court refusing to hear your case. In that event, the responsibility of covering your losses will be up to you.
“Very knowledgeable and trustworthy. Zach Herschensohn provided me with excellent service. He kept me well informed and explained complicated issues in a way I could understand. He took the lead and guided me through everything necessary to achieve a successful outcome. Overall, I am very pleased with his service and would highly recommend him to anyone.”
“Very knowledgeable and trustworthy. Zach Herschensohn provided me with excellent service. He kept me well informed and explained complicated issues in a way I could understand. He took the lead and guided me through everything necessary to achieve a successful outcome. Overall, I am very pleased with his service and would highly recommend him to anyone.”
“Very knowledgeable and trustworthy. Zach Herschensohn provided me with excellent service. He kept me well informed and explained complicated issues in a way I could understand. He took the lead and guided me through everything necessary to achieve a successful outcome. Overall, I am very pleased with his service and would highly recommend him to anyone.”
“Very knowledgeable and trustworthy. Zach Herschensohn provided me with excellent service. He kept me well informed and explained complicated issues in a way I could understand. He took the lead and guided me through everything necessary to achieve a successful outcome. Overall, I am very pleased with his service and would highly recommend him to anyone.”
“Very knowledgeable and trustworthy. Zach Herschensohn provided me with excellent service. He kept me well informed and explained complicated issues in a way I could understand. He took the lead and guided me through everything necessary to achieve a successful outcome. Overall, I am very pleased with his service and would highly recommend him to anyone.”
Trying to determine the liable party on your own can be difficult. That is why it is helpful to choose our law firm to represent you and determine who you should sue after a truck accident. They can collect evidence, review logbooks, speak with eyewitnesses and experts, and review the police report to identify all responsible parties in your case.
At Herschensohn Law, we offer free consultations and don’t take any fees until we recover your damages. We can work tirelessly on your behalf once you elect us to represent you. If you are ready to recover the compensation you deserve following your truck accident, call us at (206) 588-4344.
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After a worker was electrocuted on a construction site and suffered life-changing injuries, we fought and won on their behalf.
When a retired man was killed in a truck accident, we made sure his grieving family got fair compensation.
When a defective medical device harmed our client, we fought to ensure they had the financial compensation needed to recover.
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