Trucking accidents present unique legal challenges due to the involvement of multiple parties, including the driver, the trucking company, and potentially others. Determining who is liable is crucial in deciding whom to sue to receive appropriate compensation for injuries, property damage, and other losses.
This blog outlines the potential liable parties in a trucking accident and how to pursue a claim.
Understanding Liability in Trucking Accidents
Liability depends on the circumstances of the accident. The following are common parties who could be held responsible:
- The Truck Driver
If the accident occurred due to driver error—such as fatigue, intoxication, speeding, or distracted driving—the driver may be held personally liable.
- The Trucking Company
Trucking companies can be held liable under the legal doctrine of respondeat superior, which holds employers responsible for their employees’ actions during the course of their jobs. The company may also be directly at fault for:
- Negligent hiring practices.
- Failure to provide proper training.
- Violations of federal trucking regulations.
- Other Potentially Liable Parties
- Manufacturers can be held accountable for defective vehicle parts.
- Loading companies may face liability for improperly secured cargo.
- Maintenance providers could be held responsible if improper repairs contributed to the accident.
Deciding Whom to Sue
Determining the liable party requires a detailed investigation into the cause of the accident. Evidence such as driver logs, truck maintenance records, and cargo-loading documents will be essential in making this determination.
You may decide to sue multiple parties if evidence shows joint liability. For example:
- The driver violated hours-of-service regulations.
- The trucking company encouraged unsafe schedules.
How an Attorney Can Help
A trucking accident case is often more complex than a typical auto accident claim due to the involvement of federal regulations and multiple liable parties. A skilled attorney can:
- Investigate the accident thoroughly.
- Identify all potential sources of liability.
- Negotiate with insurance companies to secure maximum compensation.
- Represent your best interests in court if necessary.
Rapid City Truck Accident Attorney Ready to Help
Hundreds of semi-truck accidents occur in South Dakota yearly. However, victims don't immediately realize that they could be entitled to financial compensation. This is where Beardsley, Jensen & Lee truck accident attorneys come in.
If you’re unsure how to proceed after a trucking accident, seek legal assistance immediately. Contact us today at (605) 777-7466 for a free initial consultation and secure the compensation you deserve.