You can always proceed against the truck driver. Unfortunately, the driver probably won’t have enough money to make the case worthwhile. There may be other defendants who share the driver’s liability, however. Some potential defendants would be:
(1) The trucking company.
• Federal law requires that trucks carry insurance. If the trucking company knowingly let the driver operate without insurance, you may have an action against the trucking company.
• If you can establish that the driver was an employee of a trucking company and that the accident occurred while the driver was acting during the course of employment, the employer may be found liable for your injuries under a legal theory called "respondeat superior."
(2) The shipper or truck manufacturer.
• If your injuries were caused by hazardous materials on board, the shipper or manufacturer may be liable for some of your damages.
(3) The truck manufacturer.
• If the accident was caused by a defect in the truck, then you may have a cause of action against the truck manufacturer or the manufacturer of its component parts.
(4) The party that performed truck repairs
• If a truck mechanic failed to properly repair the truck and that failure caused the accident, the person who improperly repaired the truck or his/her employer, may be liable for your injuries.
(5) The government entity
• A government entity may be at fault if your injury was caused by poor road maintenance, faulty signage, lighting, utility pole and tree placement, etc.
An experienced truck accident attorney will know how to find all of the potential parties who may be responsible for your injuries, even if you can not recover from the truck driver individually. |
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