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Who Can You Sue in a Truck Accident Dispute?

Dec 8, 2020 - Easton Car Accident Lawyer, Truck Accidents

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If you’ve been injured in a truck accident, then Pennsylvania law may entitle you to sue and recover damages as compensation — but who, exactly, are you entitled to sue?  It may seem obvious to sue the driver, but there are potentially other defendants who are contributed to the accident and are therefore responsible for your injuries.

Suing multiple defendants is an excellent strategy for when a single defendant might not have the financial wherewithal (or insurance coverage) necessary to pay out your damages in full.  In those circumstances, it’s important to explore other defendants who have the resources necessary to cover your losses.

Let’s take a closer look.

The Truck Driver

If the truck driver was negligent, reckless, or even intentionally caused the accident, then you may sue them directly.

Truck drivers may have personal insurance coverage that can cover their losses, but it’s worth noting that truck accidents tend to be more severe than other motor vehicle accidents — as such, your damages may be significant, and may not be properly covered by a cheap insurance policy.

The Trucking Company

If the truck driver was employed and was acting within the course and scope of their employment, at the time of the accident, then you may have a right of action against their employer — the trucking company.  You need not prove that the trucking company was negligent to impose liability.  This is known as the doctrine of vicarious liability — an employer can be held responsible for the negligence of their employees.

Warehouse Loaders

The loading crew at a warehouse may have improperly loaded goods into a truck, increasing the risk of an accident.  For example, improperly secured cargo can create a risk of a rollover accident when a truck is attempting a sharp turn.  Under these circumstances, the crew (and their employer) could be held liable for their negligence in loading cargo.

Truck Manufacturer

Sometimes, truck accidents occur due to a product defect.  For example, the brakes might be defectively manufactured and might stop working at the wrong time, leading to a serious highway accident.

If you’re injured due to a product defect associated with the accident, then you could ostensibly sue the truck manufacturer for damages.

Product defect suits operate on strict liability principles — in other words, you need only show that the truck (or truck part) was defectively designed or defectively manufactured and that the defect caused your injuries.  You don’t have to prove that the manufacturer was negligent in creating the defect.  This makes it a bit easier for a plaintiff to secure damages from the manufacturer.

Speak to an Easton Accident Attorney for Legal Assistance

Here at Drake, Hileman & Davis, PC, our attorneys have decades of experience working with those who have been injured in motor vehicle accidents, including various truck accident scenarios.

We believe that effective legal representation is that which prioritizes the client’s needs, goals, and concerns.  To that end, we work closely with the client from start-to-finish, gaining deep insight into their case — insight that we can use to secure favorable results through settlement or trial litigation.

If you’d like to speak to an experienced Easton accident attorney at our firm, call us at 888-777-7098 or send us a message online to schedule a free and confidential consultation today.

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