If you’ve lost a family member or watched them suffer serious injuries in a truck accident, you might be wondering if you have a right to sue. The answer to this question depends on a few different factors, with determining liability being the most important.
More than one party can potentially be held liable in truck accident cases:
The truck driver: If the accident occurred due to the negligence of the truck driver, such as driving while fatigued, distracted driving, or violating traffic laws, they may be held liable
Trucking company: The trucking company can be held responsible if they failed to properly maintain the vehicle, hire qualified drivers, enforce safety protocols, or comply with regulations. If the driver was employed by the company at the time of the accident, they could also be liable under vicarious liability.
Vehicle manufacturer: A truck defect such as faulty brakes, defective tires, or mechanical issues may cause an accident. In these cases, the manufacturer or distributor of the defective vehicle or parts may be held liable.
Other third parties: Other parties — such as maintenance contractors, cargo loaders, or companies responsible for road maintenance — could share responsibility if they are proven to be negligent
To determine liability, your lawyer will conduct a thorough investigation of the accident, gathering evidence such as police reports, eyewitness testimony, accident analysis, and data from the truck’s black box. This helps create a clear picture of what happened and who is responsible.
If they’re able to establish liability, you may have the grounds to pursue a legal claim. Damages may include medical expenses, funeral and burial costs, lost income, loss of companionship, and pain and suffering.