There are a number of special legal considerations that may come into play during your truck accident case. Among these is determining who the defendant in your suit will be, as depending on the circumstances surrounding your accident, there could be several parties to choose from.
In truck accident cases, the defendant could be:
- The trucking company. In most cases, the trucking company will be the liable party and your best choice as a defendant if you hope to recover damages. Trucking companies are usually liable for any accident that occurs in the scope of the driver’s work. They are responsible for ensuring that they hire drivers that are qualified and safe, that they limit the amount of hours drivers spend on the road to prevent driving while overly tired and that they engage in routine maintenance to ensure that all vehicles are in prime operating condition.
- The manufacturer of the truck. If the cause of the accident is determined to be some sort of defective part in the truck, then the manufacturer of the truck could be liable. Common defects found in trucks include tires prone to blowouts or brakes that give out easily. You must be able to prove that the part failure was truly the responsibility of the manufacturer and not due to lackluster maintenance.
- The truck driver. In cases where the driver acted with malicious intent to cause an accident or was grossly negligent, such as cases in which he or she was drunk behind the wheel, then you can file your lawsuit against the driver of the truck. In most cases, however, the better option is to go after the trucking company.
If you require legal assistance after a truck accident or have any questions about your case, contact the skilled San Diego personal injury attorneys at Thorsnes Bartolotta McGuire.