Depending on the circumstances of your truck accident, you could sue the trucking company, cargo loading company, or others. In some cases, you may file against multiple parties.
Read on to learn who you can sue after a truck accident and how to identify the liable parties. If you have additional questions, reach out to Trantolo & Trantolo’s Connecticut truck accident lawyers for a free case evaluation.
Trucking Companies May Be Liable for Your Harm
The trucking company typically carries some or all of the liability in commercial vehicle claims. They usually carry millions of dollars in insurance for accidents involving the trailer, cargo, and cab. You can secure compensation through an insurance claim, but it may be necessary to sue the trucking company for damages if you cannot obtain a fair settlement agreement.
A truck crash attorney helps you identify the ways a trucking company’s negligence led to your injuries. This may include:
- Setting unreasonably tight delivery schedules
- Overloading trucks
- Loading the incorrect type of cargo
- Failing to vet drivers for a history of dangerous behavior
- Failing to ensure appropriate licensing and training
A Truck Driver’s Action May Be Responsible for the Crash
If a truck driver caused your semi-truck collision, they may be liable for damages. Truckers sometimes own the cab they use for work, so you could seek compensation through their insurance or through a personal injury claim. Examples of operator negligence that can lead to a truck crash include:
- Drunk or drugged driving
- Fatigued driving
- Speeding, aggressive driving, and road rage
- Failure to yield right-of-way
- Turning or switching lanes without checking blind spots
- Disobeying traffic signs or signals
Generally, if the driver is responsible for the accident, their employing trucking company typically shares liability for the operator’s negligence.
A Cargo Loading Company Can Be Negligent
Overloaded and poorly secured cargo can cause serious accidents. If a separate loading or packaging company fails to correctly load the truck, they can be held accountable. Similarly, a company that fails to correctly disclose package weights, contents, or dimensions can be held accountable for accidents that occur as a result.
Accidents that can arise as a result of incorrect cargo loading may include:
- Rollover crashes: When a trailer is off balance, it can become unbalanced and push the trailer over, taking the cab with it.
- Jackknife accidents: An imbalanced or overloaded trailer may swing around the cab at V-angle, striking other vehicles broadside.
- Head-on and sideswipe collisions: An overweight semi-truck is harder to maneuver. Drivers may have trouble remaining in their own lane, leading them to strike vehicles in other lanes.
- Tire blowouts: Truck tires are rated for specific loads, so too much weight can cause them to blow out, making the driver lose control of the truck.
- Brake and other system failures: Many mechanical systems and components in commercial trucks are designed for specific cargo sizes and weights. Incorrect loading can cause catastrophic accidents when overloaded systems fail.
Maintenance and Repair Servicers Can Share Liability
Commercial truck drivers and their employers are required to conduct regular maintenance and repairs. Trucks can spend many hours and days on the road hauling heavy cargo. Frequent maintenance and prompt repairs can prevent catastrophic failures. Brake failures, tire blowouts, and failed suspension are just some mechanical failures that can have devastating consequences.
You Could Sue Truck and Parts Manufacturers
Sometimes, a system failure occurs because a part of the vehicle is defective. Defective brakes or other components can lead to dangerous accidents. In the event of an accident caused by a defective truck part, you could file a product defect lawsuit against the truck manufacturer or distributor.
To file a claim against a truck manufacturer, you must be able to prove that they knew or should reasonably have known that the product was defective. Our truck accident attorneys know how to build a case for damages against even the largest international truck manufacturers.
Third-Party Drivers May Cause Truck Crashes
Sometimes the trucking accident is not the fault of the truck, but that of a third-party driver. For example, say another vehicle pulled abruptly in front of a truck without warning. The truck operator may strike another vehicle while trying to avoid a collision.
If a third-party driver caused your truck accident, you can file a claim with that driver’s insurance company or sue them for damages. In some cases, the third-party driver and other parties may share responsibility for the crash. An 18-wheeler attorney knows how to investigate the fundamental cause of the collision and hold the appropriate parties accountable.
Local Municipalities Can Contribute to Commercial Vehicle Collisions
Road maintenance and repairs are typically the responsibility of federal, state, or local governments. If your truck crash arose due to structurally damaged, defective, or poorly maintained roads, you could seek compensation from the responsible government entity.
Types of road defects that could cause trucking accidents include:
- Cracks, potholes, and uneven pavement
- Insufficient shoulder size and steep drop-offs
- Broken or missing signage or traffic signals
- Insufficient road markings
- Debris and obstructions from road construction
Proving Negligence and Establishing Liability
Negligence is the fundamental basis of most truck accident claims. To prove negligence, you must have evidence to show that:
- The at-fault party had a duty to prevent damage or injury to others.
- They failed to take reasonable care to avoid causing harm.
- Their failure to take care led to the truck accident.
- You sustained losses in the resulting collision.
A dedicated truck accident attorney knows how to compile documentation, videos, and other evidence to establish a compelling case on your behalf.
Learn More During a Free Consultation With a Truck Accident Attorney
If you or someone you love sustained injuries in an 18-wheeler collision, you may have grounds to sue the trucking company or other liable parties. Trantolo & Trantolo has been fighting for injury victims for more than 85 years. We have recovered millions of dollars in settlements and verdicts for truck accident victims in Connecticut, Long Island, and Massachusetts.
Contact our office for a free case review with our team. Our truck accident attorneys can review your case details, identify who may be liable for your injuries, and guide you through the legal process to recover compensation.
