The attorney for a truck accident victim needs to gather a lot of evidence to ensure his client receives the maximum amount of money for his or her damages. For this reason, it is important for anyone involved in a truck accident to consult with an experienced truck accident attorney as soon as possible. Preserving evidence, retaining the right industry experts, recreating the accident and identifying the correct defendants are crucial to developing a strong case, and can quickly overwhelm a less experienced attorney.
Who Are the Defendants in a Truck Accident Case?
The key issue in a truck accident case involves identifying all the defendants in the case. Other types of personal injury cases may have one defendant, but in a truck accident case there is typically more than one. An experienced truck accident lawyer will consider everyone who could potentially be responsible for the accident.
Driver – In almost all truck accident cases, the driver is named as a defendant. Most truck accident cases are caused by driver negligence. Driver fatigue, excessive speed, drugs, alcohol, inexperience and/or reckless driving are examples of how a truck driver may be negligent and responsible for an accident. The driver is named in the complaint because his or her negligence directly caused the accident.
Trucking Company – In many cases the trucking company is named as a defendant because it failed to follow the safety measures established by federal law for its trucks and drivers. Trucking companies often push drivers to drive longer hours, take unsafe measures to deliver loads faster, and/or overload trucks.
Trailer Owner – The owner of the tractor and the trailer may be different. If so, the owner of the trailer may be named as a defendant if the accident was caused by a problem with the trailer.
Shipper – Shippers of hazardous materials must abide by all federal and state laws regarding the shipping of hazardous materials. The shipper is required to notify the driver and the trucking company of the nature of the goods being shipped. If the shipper fails to do so, it may be held liable for injuries sustained in an accident.
Truck Repair Shops – If a truck repair shop did not properly perform maintenance/repairs to the truck involved in the accident and that shoddy work caused or contributed to the accident, the truck repair shop would also be named as a defendant.
Truck and Parts Manufacturers – In some cases a truck accident is due to a faulty truck part. Truck and parts manufacturers are named as defendants if their negligence in manufacturing and installing defective parts caused or contributed to the truck accident.
Because a truck accident case is more complex than an automobile accident case and can involve multiple defendants, to protect your rights it is vital to consult an experienced truck accident case attorney as soon as possible. Preserving evidence and identifying all of the defendants in a trucking accident case increases your chances of receiving the compensation you deserve for your injuries.
Call an Experienced Truck Accident Case Attorney for More Information
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My law practice exclusively represents personal injury victims and does so with a deep understanding of their suffering and an absolute commitment to their recovery. I take your injuries personally, and that is why I directly handle all aspects of every case to ensure that you receive maximum compensation.
Call the Law Office of Michael D. Waks at 888-394-1174 or use the convenient online contact form to schedule a free consultation. You are under no obligation and you will never pay any money unless you recover damages for your injuries. I offer bilingual services as part of my comprehensive approach to legal representation and I am available 24/7 to talk to you about your case.
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