No one wishes to be involved in a commercial vehicle accident because of how devastating and painful it can be. Some people sustain serious injuries; some are permanently disfigured, while others lose their lives in the process.
So, finding a commercial vehicle accident lawyer who will help you sue the liable parties for compensation is important.
The attorney is needed because they know commercial vehicle regulations and laws, which will help their clients. With the attorney’s resources, the commercial vehicle accident can be investigated, which will help the victim while negotiating settlements with insurance companies.
Usually, federal and state regulations, driver qualifications and experience, witness statements, and evidence affect the compensation. Also, the courts consider emotional distress, property damages, medical expenses, the earning capacity of the victim, pain, and suffering of the commercial vehicle accident.
Who Can Be Held Liable for an Accident Involving a Commercial Vehicle?
Here are the parties you can sue for compensation:
The Driver
The immediate person who is considered when suing for damages is the driver of the commercial vehicle. The reason that the driver is sued is because they are the ones who either violated traffic laws or were negligent or reckless.
Most times, the driver is the vehicle owner. But where the vehicle owner is different from the driver, the vehicle owner can be sued. It usually happens in situations where a leasing company owns the vehicle that caused the commercial vehicle accident and the driver is an employee of another company.
The Employer
Vicarious liability applies where the driver of the vehicle was acting within the scope of their employment at the time of the accident. The employer of the driver, which is usually the trucking company or business that owns the vehicle, is held liable for the accident.
Vicarious liability is a doctrine that holds employers responsible for their employees’ actions while performing job duties.
Maintenance Providers and Manufacturers
Victims of commercial vehicle accidents can sue vehicle maintenance providers for compensation because they did not properly maintain the vehicle. Their negligence caused the accident because of mechanical failure that they would have noticed if they serviced the vehicle properly.
Manufacturers of commercial vehicles can also be sued for compensation if the essential components of the vehicle like brakes, tires, etc caused or contributed to the accident. A product liability claim can be filed against them.
Insurance Companies
When you’re involved in a commercial vehicle accident, the last thing you want to deal with is a long, drawn-out battle with an insurance company. Ideally, they should just offer you a fair settlement to cover your medical bills, repairs, and other expenses. But sometimes, that doesn’t happen.
Insurance companies can try to settle for less than what you truly deserve, or they might drag their feet for so long that it feels like they’re avoiding the responsibility altogether. It’s incredibly frustrating, especially when you’re just trying to move forward with your life.
If this happens, you might find yourself in a position where you have no choice but to sue the insurance company itself. The good news is that this is not uncommon, and lawyers know how to fight against these companies to get the fair settlement you need.
It might feel like you’re taking on a big, powerful company, but then again, they are supposed to pay for your losses. When they aren’t playing fair, suing them can be your way to hold them accountable.
Government Entities
Sometimes the accident is not caused by any fault of the driver but a result of a lack of adequate signage, poor road conditions, and other road maintenance issues. So, as a victim, you can institute an action against the government agency responsible for maintaining that roadway.
Conclusion
Third parties may also be sued for compensation, and even people who loaded cargo onto the commercial vehicle if the cargo caused the accident. The challenge is to find the appropriate party to sue for compensation. To determine who exactly is at fault, consult with your attorney.
Article and permission to publish here provided by Paul Bennet. Originally written for Supply Chain Game Changer and published on November 22, 2024.
Cover image provided by imagesource.io.