Large trucks transporting commercial goods and produce can be found on the many roadways and highways through Clarksburg from U.S. Route 50 to I-79 to the many other main roadways in the city. While the majority of large trucks and commercial vehicles make their commutes without any problems, sometimes, accidents involving large trucks occur.
If a truck accident caused you injuries, knowing which party or parties to hold liable for the accident and injuries can be confusing. While your first thought may be to hold the truck driver liable, third-party lawsuits for truck accidents are a possibility as well. If you’ve been injured, an attorney can help.
Causes of Truck Accidents and Third-Party Lawsuit Liability
Truck accidents occur for a number of reasons, and are not always the fault of the driver. Some possible causes of a truck accident are listed below.
- truck driver fatigue.
- poor road conditions, including poorly maintained roads.
- impaired driving.
- aggressive driving.
- a defective vehicle part, such as defective brakes or tires.
- the trailer detaching from the truck.
- and, distracted driving.
If negligent actions by the truck driver caused the accident, he may be responsible. By extension, the trucking company that employs the driver may be liable too.
In some cases, though, the trucking company may be more directly liable. For example, if the accident was related to truck driver fatigue, the driver’s employer may have illegally overworked the driver. Some companies may also employ unqualified drivers. Requesting hours of service records and a driver’s personnel file may help prove these possible contributing factors.
Meanwhile, a third-party lawsuit against a manufacturer may be relevant if the truck or a part on the truck – like the brakes – were defective. A shipper or loader responsible for securing the cargo may be liable if problems with truck cargo caused or contributed to the accident or accident severity. (It is also the truck driver’s and trucking company’s responsibility to ensure the cargo is secure.)
These are just a few examples of parties that might be liable in a third-party lawsuit after a truck accident. Review all of the circumstances of your accident with an attorney to determine which parties might be responsible for damages.
Compensation You May Recover in a Third-Party Lawsuit
If you are injured in a truck accident, you may be able to recover compensation.
- medical expenses.
- lost wages.
- pain and suffering.
- and, emotional trauma.
In the event that you lose a love in a truck accident, damages may include funeral expenses, lost wages from the deceased, loss of consortium, loss of benefits, and mental anguish.
Discuss these damages and others with an attorney. Also review which parties may be liable for your damages and whether you have grounds to pursue them in a third-party lawsuit.
Call the Miley Legal Group in Clarksburg for Help with a Third-Party Lawsuit
Knowing who’s liable for your truck accident, filing a personal injury claim, gathering the proper documentation, and proving negligence can be challenging without legal training. While you’re going through this difficult time, an attorney can be your best resource to handle the legal aspects of the situation and provide you with the legal representation that you need.
At the Miley Law Group in Clarksburg, we know what you’re up against and will work to build the strategy you need to win your case. To start pursuing a third-party lawsuit for a truck accident, contact the Miley Law Group. Call us at 304-931-4088 to get started.