Truck accidents can be far more dangerous and cause more severe injuries than typical auto accidents. Considering the gravity of these kinds of collisions, you should speak to a qualified attorney about taking legal action against the negligent trucker.
Whom to sue is a major decision in your case and probably one of the earlier choices we must make. Typically, injured accident victims sue the truck driver, but the trucking company that hired the driver and possibly other drivers on the road might also be liable. Multiple causes or factors might have contributed to your truck accident. Driver negligence and fatigue, equipment failures, and road or weather conditions are often major contributing factors to accidents. When you speak to a lawyer, discuss the numerous injuries you experienced to determine the value of your case and overall damages. Remember, it is not uncommon for truck accident cases to involve incredible injuries and damages.
Arrange a case review for no charge with our truck accident attorneys by calling Howe Law at (844) 876-4357.
Whom You Should Sue After a Truck Accident in Huntsville, AL
It cannot be stressed enough that truck crashes are large-scale accidents that involve multiple parties, and more than one person or entity might share the blame. As such, it can be tricky to determine whom to sue or if you should sue more than one party. Below are some people or entities commonly implicated in truck accidents.
The Truck Driver
The truck driver is often the principal defendant in truck accident lawsuits. Since they are the ones behind the wheel of the truck, they arguably bear the most blame for the accident. Many truck accidents result from trucker negligence, as discussed in more detail below.
Truck drivers are required to carry insurance. Their insurance is often much greater than the average driver’s because they drive professionally, and the risks of serious accidents and injuries are greater.
The Trucking Company
Truckers are not the only parties responsible for a truck accident. In many cases, injured plaintiffs can sue the trucking company that hired the negligent driver even though the company had nothing to do with the accident directly.
Under the legal theory of respondeat superior, an employer may be vicariously liable for the injuries or damages caused by a negligent employee. For this doctrine to be effective, the employee’s negligence must occur within the scope of their job. Off-duty negligence is not covered.
This means that as long as the truck driver was on-duty and working in furtherance of their professional responsibilities as an employee of the trucking company, you can sue the trucking company for your injuries. This is usually a good idea because trucking companies have much larger insurance policies and may be better able to cover all your damages.
While truck drivers and their employers are some of the more usual suspects, other drivers on the road might also contribute to accidents and be held liable. For example, suppose another negligent driver recklessly cut off the truck driver, causing the truck driver to slam their brakes and veer off the road. In this case, the truck driver might be held responsible because they could have stopped safely had they not been speeding. In addition, the other driver may be sued because their reckless driving triggered the accident.
Again, this is why it is important to get information from all drivers involved in an accident. At the time, it might be unclear who caused the accident and who was another victim. Later, it might be discovered that multiple drivers caused the crash and should be held liable in court. If you were too badly hurt to speak with other drivers at the accident scene, our truck accident attorneys might get their details from the police report.
Why Your Truck Accident Might Have Happened in Huntsville, AL
The cause of your accident is an incredibly important detail to consider, as it might help us figure out who should be held liable and why. As mentioned before, many accidents are caused by driver negligence. One common problem affecting the whole trucking industry is driver fatigue.
Even though certain industry regulations require truck drivers to take breaks and rest, truckers often skip these rest breaks to keep up with demanding delivery schedules. As a result, tired truck drivers sometimes fall asleep at the wheel and cause huge accidents.
Trucks are full of equipment to monitor them and keep them safe. If equipment malfunctions, accidents can happen. For example, underride bars prevent other cars from getting wedges under the truck in accidents. If this piece of equipment fails, other drivers might be badly hurt.
We must also think about road conditions. As road conditions differ, so should the driving of truck drivers. For example, in wet or icy road conditions, truck drivers should be much slower, using headlights and taking all possible precautions to ensure safety. Negligent truckers might ignore road conditions and cause accidents.
How to Evaluate Your Damages After a Truck Accident in Huntsville, AL
Many damages are connected to your physical injuries, which may be severe in a car accident. Your medical expenses, current and future, may be factored into your overall damages. You should also claim damages related to the pain and suffering your injuries caused you. Many plaintiffs report psychological or emotional trauma and anguish because of their injuries, and these painful experiences deserve fair compensation.
Your damages are also influenced by property damage. Truck accidents are very destructive, and your vehicle might have been totaled and your personal belongings lost or destroyed. You should list all the property or belongings you lost or had to replace and add those costs to your damages.
While we can claim damages related to your personal experiences, like pain, emotional trauma, humiliation, and a loss of enjoyment of life, we might not decide the ultimate value of these damages. Often, we can argue about the severity of these losses, but the jury decides how much they are worth. Even so, these damages may be significant and should not be disregarded.
Call Our Truck Accident Lawyer in Huntsville, AL For Help Now
Arrange a case evaluation for no charge with our truck accident attorneys by calling Howe Law at (844) 876-4357.