Getting into any vehicular accident can be overwhelming. When you're in an accident with a commercial truck, things get even more complicated. You might assume that the driver of the truck is at-fault for your accident, but that is only true in some cases. Often, your lawyer will suggest filing a lawsuit against several parties in an effort to gather as much compensation as possible for your injuries, lost wages, pain, and suffering. So here's a closer look at the parties who might be at fault and named in such a case.
1. The Driver
To find the driver at-fault for the collision, your lawyer will have to demonstrate how their negligence directly led to the accident, which led to your injuries. This negligence can take many forms. Maybe the driver did not check their mirrors before merging into the lane. Maybe something a little more complicated happened -- such as they misjudged a corner because they were tired. Alcohol and exhaustion play a role in many truck accident cases. If the driver was under the influence of alcohol or did not follow the industry standards for resting after a certain number of hours behind the wheel, your lawyer will have a pretty good case against the driver.
2. The Truck Company
The trucking company that employs the driver might also be held partially liable for the crash. Of course, your lawyer will have to show that the company was negligent in some way. Did they require the driver to keep driving rather than take the break that was required by law? Did they give the driver such tight deadlines that it was impossible for them to take breaks? Maybe they had lax alcohol policies, which resulted in the driver getting behind the wheel when they should not have done so.
The other possibility is that there was something physically wrong with the truck at the time of the crash. Perhaps the brakes failed, or maybe a wheel came off. If the truck was recently looked over by a mechanic and they made some mistakes that led to the breakdown, which led to the accident, then your lawyer may want to name the mechanic in the lawsuit. In rare cases, the truck's manufacturer may also be named if a manufacturing defect came into play.
When you are injured in a truck crash, you might end up suing the driver along with another party. Talk to a truck accident attorney to learn more about what will happen in your unique case.