You may have a chance to sue the party responsible for causing a commercial truck accident. In many situations, a lawyer can help you file a claim against the owner of the vehicle, often a commercial trucking company.
Commercial truck accidents can have devastating consequences, resulting in severe injuries, property damage, and even loss of life. Determining who is liable for the crash takes priority when a truck accident occurs. A Charlotte truck accident lawyer can identify any parties that have to pay you a truck accident settlement.
Who Can You Sue in a Commercial Truck Accident?
A Charlotte personal injury lawyer may help you sue several parties after a commercial vehicle accident. However, in many situations, attorneys will help you file a claim against the owner of the commercial vehicle.
Ownership of commercial trucks can vary. Therefore, you may need to file a lawsuit against:
The Trucking Company
Trucking companies often own trucks and lease them to drivers. Therefore, your attorney may help you sue a truck company in the aftermath of a head-on, rear-end, or side-impact truck accident.
The trucking company may also hold responsibility for crashes that occur during work hours or that happen due to improper maintenance.
The Truck Driver
In some situations, truckers own their 18-wheelers, semi-trucks, or tractor-trailers. You may need to sue the owner-operator of the truck in these situations. Your attorney can review your situation and provide information about who can be sued in a commercial truck accident.
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Can You Sue the Vehicle Manufacturer in a Commercial Truck Accident?
In some cases, a lawyer can sue the manufacturer of the commercial truck or its components after a truck accident. A Charlotte product liability attorney can file a claim if a defective truck part or design flaw caused the accident. For example, you may file this kind of claim after a crash caused by:
- Faulty brakes
- Defective tires
- Inadequate safety features
You can discuss this option when you contact a lawyer to determine who can be sued in a commercial truck collision.
Can You Sue Freight Loaders and Cargo Owners?
After a commercial truck accident, a lawyer may also sue those responsible for loading and securing the cargo on the truck.
You may end up in an accident if someone improperly loads, overloads, or fails to secure the cargo properly. Issues with cargo can also lead to cargo shifts or loss of control. In such cases, the freight loaders or cargo owners may share liability for your damages.
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Can You Sue Maintenance and Repair Providers?
Maintenance and repair companies that service commercial trucks have a duty to ensure that the vehicle is in proper working condition. If negligent repairs or failure to address safety issues contributed to the accident, these providers may have to pay for your losses.
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Potential Compensation in a Commercial Truck Accident Case
You may have a chance to sue the liable party for compensation to cover all of the losses you experience in a commercial truck accident. You may potentially recover the following losses:
- Medical expenses
- Loss of benefits
- Pain and suffering
- Loss of Consortium
- Lost income
- Punitive damages
A law firm can employ financial specialists and medical or accident experts to strengthen the validity of your case. If additional compensation is available, your lawyer will uncover it and help you sue multiple parties if necessary.
How Is Liability Determined in a Commercial Truck Accident Case?
Lawyers typically assess the actions and responsibilities of the parties involved in a crash to determine liability in a commercial truck accident case. Here are the key factors considered in determining liability:
Negligence
Negligence is a common legal theory that establishes liability in truck accident cases. To prove negligence, the injured party must show that the defendant owed a duty of care, breached that duty, and the breach caused the accident and resulting damages.
Respondeat Superior
Respondeat superior is a legal doctrine that holds employers liable for the actions of their employees. In commercial truck accidents, this means that the trucking company can be held responsible for the driver’s negligence if the crash occurred within the scope of their employment.
Strict Liability
Strict liability may apply in cases involving defective truck components or design flaws. Under strict liability, the injured party must show that the defective product caused the accident or injuries.
Why Consult With an Experienced Attorney in Commercial Truck Accident Cases?
Determining who can be sued in a commercial truck accident is one of the first steps a lawyer may take during the free consultation session. With all the potential parties you could sue, consulting with an experienced Charlotte commercial truck accident attorney is your safest bet to ensure a positive outcome.
An attorney can also collect evidence, track your losses, answer your questions, and handle any legal challenges you face.
Talk to Us After a Commercial Truck Accident
Who can be sued in a commercial truck accident claim? Any party that holds legal liability may face a lawsuit. In many cases, lawyers directly pursue the truck owner for compensation.
Our team at the DeMayo Law Offices includes skilled legal professionals who have been named among the Top 100 Trial Lawyers by the National Trial Lawyers for the past 12 consecutive years.
We are your North Carolina Law Firm™ that believes in People Over Profits™. We approach each case with empathy, compassion, and attention to detail, leveraging every opportunity to create value and deliver exceptional results. You can call or complete our online contact form to learn more.
Call or text (877) 333-1000 or complete a Free Case Evaluation form