Complexities of Truck Accident Cases

Truck Accident Cases in Sarasota / Bradenton

In most cases, when you are injured in a car accident that is someone else’s fault, you can seek compensation from the negligent driver. There are other possible scenarios (for example, if the wreck was caused by a vehicle defect) but usually, you are going to file a claim against the driver, and his or her insurance company is going to pay for your injuries.

In truck accident cases, though, things are different. Generally speaking, these cases are much more complex. Fortunately, with the right legal representation, this complexity often plays in favor of the innocent drivers. In fact, if you have been injured in a wreck with a semi, you may be entitled to significant financial compensation.

Determining the Cause of a Commercial Truck Accident

As we will discuss below, in cases involving semis, there are numerous parties that can potentially be responsible for the victims’ injuries. The key challenge in your semi accident case will be determining which parties are to blame. Note that we said, “parties.” This is because truck injury victims will often have multiple sources from which to seek financial compensation.

At Jodat Law Group, when we take on a new truck accident case, the first step after speaking with our client is to quickly investigate to determine the cause of the collision. Determining the cause will tell us which party (or parties) may be responsible. In most cases, it will be one or more of the following:

• The driver of the semi
• The driver’s employer (the trucking company)
• The owner of a leased commercial truck
• The shipping company responsible for loading the cargo
• The manufacturer or individual part manufacturers
• Maintenance and repair shops that performed work on the vehicle

Let’s get into some more detail.

Who Can You Sue for Your  Injuries?

The Truck Driver
In the majority of  wrecks with semis, the truck driver is to blame. While many truck drivers are careful and maintain exceptional safety records, others take risks and make mistakes that lead to serious injuries. Some of the most common examples of truck driver negligence include:

• Distracted driving
• Driving while fatigued and falling asleep behind the wheel
• Driving under the influence of alcohol or drugs
• Failing to maintain control
• Speeding
• Tailgating

The Trucking Company
Under a rule known as “vicarious liability” employers can be held responsible for the acts of their employees. This includes holding trucking companies responsible for truck driver negligence. If you have been injured by a distracted, fatigued, or reckless truck driver, we may be able to pursue a claim against the trucking company on your behalf.

Importantly, trucking companies can make their own mistakes that lead to accidents as well. For example, if the driver who hit you was not licensed, was being forced to log too many hours, or was driving a truck that hadn’t been properly maintained, these are all potential grounds for filing a lawsuit against the trucking company.

The Owner of a Leased Commercial Truck
While some semi drivers are owner-operators and some drive vehicles owned by their employers, others drive trucks that are leased from a third party. If the leasing company is responsible for repairs and maintenance and a problem with the truck leads to your injuries, the leasing company may be yet another source of financial compensation.

The Shipping Company
Shipping companies are often responsible for securing the “wide loads” and other cargo you see on the back of flat beds and other commercial trucks. If you suffered injuries in an accident caused by an unsecure payload or cargo that was too heavy for the truck that hit you, you may have a claim against the shipping company.

Truck and Part Manufacturers
Defective parts lead to millions of vehicle recalls every year. Unfortunately, many of these recalls come too late. Defects in commercially used semis often lead to sudden, high-speed, and extremely dangerous collisions. Some of the most common defects include:

• Accelerators
• Brakes
• Engine components
• Tires
• Transmissions

Maintenance and Repair Shops
If a part isn’t inherently dangerous but it gets installed or repaired improperly, then the maintenance or repair shop that serviced the semi may be to blame. Faulty brake jobs, tire retreads, and other negligent service work can all lead to serious collisions.

What if None of the Above are to Blame?

But, what if none of these parties are responsible? Does that mean that you won’t be able to recover the money you need to cover your medical bills and lost wages, and to compensate you for your pain and suffering? Not necessarily.

Keep in mind, just because a truck was involved doesn’t mean that they were to blame. For example, maybe another driver swerved in front of them, forcing the driver to attempt an evasive maneuver. Or, maybe there was a problem with the road – like a pothole – in which case the government may liable for your losses.

Let Us Fight for the Compensation You Deserve

Regardless of what happened, as long as you were not 100 percent at fault, in most cases there will be someone who is responsible for your injuries. At Jodat Law Group, we will fight vigorously to hold them responsible for the compensation you deserve. To find out if you may be entitled to compensation, call us at 877 JODAT LAW or request a free consultation online today.