Who Can I Sue if I Am in an Accident With a Tractor Trailer?
Much of this nation’s commerce is supported by the trucking industry. That said, few people enjoy sharing the roadways with large commercial trucks like tractor-trailers, semis, and 18-wheelers. When an accident occurs between a truck and a passenger vehicle, the results can be terrifying and disastrous.
If you’ve been involved in an accident with a tractor-trailer through no fault of your own, figuring out who to sue can be a complex process. Unlike your standard car crash, there are multiple parties that could be responsible for a trucking accident.
Tractor-Trailers Are Extremely Dangerous
Vehicles on the road are classified by weight, which can also give you some information about what might happen in a crash. Your average car weighs around 3,000-5,000 lbs, and a pickup weighs about 6,000 lbs. But a tractor-trailer weighs roughly 33,000 lbs, which is about 10x that of a passenger vehicle.
When an accident happens between a car and a tractor-trailer, the smaller vehicle will never come out on the winning side. In fact, the commercial truck often sustains little to no damage. But the driver of the other vehicle will likely be seriously injured if not killed in the crash.
Who Can I Sue After An Accident With a Tractor-Trailer?
Even when fault in an accident is obvious, who holds legal responsibility for your damages might not be. When you enlist the help of a knowledgeable and experienced personal injury lawyer, you get the benefit of someone who can investigate your case and prove negligence. Then, you can sue the right party and pursue full and fair compensation for your damages.
Some of the parties that could be liable after a tractor-trailer accident include:
- Truck Driver Negligence
The commercial truck driver is the obvious candidate for liability in one of these crashes. These drivers are supposed to undergo significant training and licensing (CDL) as well as be subject to a long list of rules and regulations.
Federal requirements for commercial drivers limit the hours-of-service to prevent things like drowsy driving. But, accidents still occur for a variety of reasons. Truck drivers can be held accountable if they harm a motorist through negligence in a variety of ways.
- Speeding– Many truck drivers are paid by the load or the mile, which gives them an incentive to speed, drive recklessly, and put others on the road at risk.
- Drunk driving– In most states, the maximum blood alcohol content (BAC) to legally operate a vehicle is 0.08. But it’s just 0.04 for a person with a CDL.
- Distracted driving– Truck drivers might be distracted while driving in an unfamiliar area, could be looking at a phone, or even eating while driving.
If a truck driver doesn’t have consideration for others on the road and causes an accident, you have the right to pursue justice through a personal injury lawsuit.
- Trucking Company Negligence
A close second to the driver of the truck is the trucking company. Many trucking companies are also the owners of the trucks and give direction to the drivers, which can make a strong case for negligence when a driver is exhausted or poorly trained.
There are plenty of good trucking companies as well as bad ones. The ones to take note of fail to do background checks on their drivers, don’t enforce federal safety regulations, and take shortcuts on truck maintenance. Any of these or a combination can create a hazardous situation on the road, and these companies should pay the price.
- Shipping or Cargo Company Negligence
It’s important to cover all the bases when investigating negligence after a truck crash. If a driver loses control of a tractor-trailer, it could be the fault of a shipping or cargo company. If a shipping company didn’t properly package hazardous materials that exploded in transit, they could be held accountable. Likewise, a cargo company could be responsible if they loaded a truck improperly and the imbalance weight caused a crash.
- Service Provider or Parts Manufacturer Negligence
Another common cause of trucking accidents is mechanical failure. A maintenance provider could be liable for damages if they made incomplete or improper repairs to the truck. Likewise, a manufacturer or designer should be held responsible if a defective part caused a failure and a serious crash.
The Importance of Working with a Mississippi Car Accident Attorney
If you’ve been injured in an accident with a tractor-trailer, you need our help. At Mississippi Car Accident Attorney, we understand the impact that a truck accident can have on your physical, emotional, and financial well-being.
These are complex cases, and we will help you find a lawyer that specializes in determining fault so that you know who to hold accountable for your damages. To assist you in strengthening your claim and maximizing your settlement, you need a skilled Mississippi car accident attorney on your side. To learn more about your legal rights and options, including who you should sue if you are involved in an accident with a tractor trailer, contact Mississippi Car Accident Attorney by sending us a message online.
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