There are many parties who can be sued in a truck accident case, such as the truck driver, the trucking company, and/or the truck manufacturer. Every truck accident case is different, but a lawyer can confirm if there are multiple parties at fault.
To build a successful truck accident case, you must prove the defendant was liable. As explained by the American Bar Association, “a person is liable if he or she was negligent in causing the accident.” This means you must also prove the defendant acted with negligence, such as driving while intoxicated, distracted driving, driving while fatigued, or other similar actions.
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Identifying At-Fault Parties in a Truck Accident Case
Several parties associated with the trucking company could be found liable for a truck accident. It is possible that other passenger vehicle drivers may be found liable as well.
Under this circumstance, you could file a claim against a passenger vehicle driver’s auto liability policy. Aside from the driver, you may also sue their vehicle’s manufacturer if it somehow led to the truck accident. Regardless, you will need a complete investigation into determining fault. This is one of many areas where a lawyer can help.
The goal of an investigation into fault is to identify all the possible parties that could be sued for the truck accident. This is critical because one at-fault party’s insurance coverage may not be enough to cover the full extent of your damages.
Some of the parties that may be liable for your truck accident include, but are not limited to:
The Truck Driver
The driver of the truck may be the lone at-fault party in your accident but still may not have the insurance capabilities to cover your damages—especially if the driver is self-employed and operating under their own personal insurance policy.
The Truck Driver’s Employer or the Truck Owner
When a trucking company acts negligently, it may require drivers to operate their trucks beyond their legal time log limits. Additionally, the truck driver’s employer is vicariously responsible for any actions their employee makes on the roadways, including accidents.
Therefore, you could potentially file an insurance claim against the truck driver’s employer or the truck owner. The truck owner will likely be the trucking company itself, such as a shipping company or garbage truck company. If one company owns the cab and another owns the trailer, both companies could potentially be liable for the accident.
When manufacturers cause defects in trucks, they can be held responsible for a truck accident. With many different manufacturers for the truck’s cab and trailer, there could be multiple manufacturers at fault. Any potential flaw in a truck’s manufacturing or design could lead to an accident, such as faulty brakes.
If a maintenance company fails to keep trucks in proper working order, accidents can happen. A company that is responsible for improper maintenance may be found liable for an accident.
Shippers or Freight Loaders
If a shipper loaded the freight unsafely and caused the truck to be involved in an accident, they could be held liable for your damages.
Potential Compensation in a Truck Accident Case
Once you determine who you can sue following a truck accident, you must determine how much your damages are worth. A lawyer can calculate your damages and help decide how much compensation you should be pursuing from the defendant.
After all the parties involved in the truck accident request the necessary documentation and gather evidence, they can negotiate based on liability and fault. A lawyer will try to negotiate a favorable settlement that covers the value of your damages.
There are many types of damages you may include in your settlement demands for a truck accident claim, such as:
- Auto repair expenses
- Property damage
- Current and future medical expenses
- Transportation to the ER or doctor appointments
- Lost wages
- Diminished earning capacity
- Pain and suffering
- Emotional distress
- Loss of enjoyment
- Loss of consortium
Filing a Truck Accident Lawsuit in Florida
There are no guarantees that negotiations for an insurance settlement will result in a fair offer that covers your damages. As a second option for legal recourse, you can file a personal injury lawsuit. Under Florida Statutes § 95.11(3)(a), claimants typically have up to four years from the date of their accident to file the lawsuit.
If a loved one lost their life in a truck accident in Florida, you may sue the at-fault party or parties with a wrongful death lawsuit. Florida Statutes § 95.11(4)(d) generally requires a family representative to file the claim within two years from the date of their passing.
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Contact the Law Offices of Anidjar & Levine Today
If you or a loved one were injured in a truck accident that was caused by someone else’s negligence, you deserve compensation for your damages. With the Law Offices of Anidjar & Levine on your side, all you have to worry about is getting better. We can take care of the rest.
Call us today at 1-800-747-3733 for a free consultation.