Even as a careful driver, you are still at risk of an accident from another careless road user. The first thing to do after the accident is to determine the one at fault. If you are not the one at fault, then you should get compensated for any injury and damage to your car. In an accident involving two vehicles, the driver at fault is generally the one responsible for compensation.
However, this is not always evident in an accident involving a truck. An injury attorney from companies such as The Law Offices of John D. Halepaska should be part of your plan to seek compensation. Consulting an expert can ensure that your efforts will be fruitful. This is because part of the issues that complicate compensation claims involving trucks is the number of potential defendants in the case. Here are some of them:
The Truck Driver
This is the obvious defendant, but in some instances, the driver might not be the main defendant in your case. He or she will typically be the principal defendant in your compensation claim if he or she was operating the truck under the influence or when distracted. This will also be the case if he or she was grossly negligent or contributed to any negligence that caused the accident.
The Trucking Company’s Broker
There are times when a broker hires trucks from a company to transport different cargo. In this instance, the broker should ensure that the trucking company that he or she hires is safe and has qualified drivers. In case the broker does not carry out an extensive check to guarantee this, he or she can be held liable for an accident. If for instance, a truck causes an accident and yet the drivers have suspended licenses, the broker is held accountable for inadequate background screening.
The Truck Owner
There are a few owner-operated trucks, but a trucking company or third party owns most of them. Any commercial truck owner is responsible for keeping it in proper condition and ensuring that it is safe before hitting the road. If a trucking company owns the truck, it is easy to track and sue the company for your accident. It is a challenge when the car is owned by a third party who has leased it. However, most law firms will hire a PI to follow the truck’s paper trail.
The Truck Driver’s Employer
You can sue a truck driver’s employer for negligence in case he or she has a hand in the accident’s causation. This is usually because of a failure to maintain the truck properly. The truck driver’s employer can also be held responsible if the accident is attributed to driver fatigue. The employer should have enough drivers to ensure that his or her employees do not surpass the limits on driving hours set by the relevant transport authorities.
The list of people whom you can sue after a trucking accident is extensive, but only a handful can be sued for your case. The attorney will review the particulars surrounding your case before recommending the parties to sue . Keeping the number to a minimum is ideal since doing so minimizes the risk of your case taking too long to settle.