What Injured Individuals Need to Know About Truck Accident Lawsuits
Accidents involving large trucks or tractor trailers often result in significant property damage and devastating physical injuries including traumatic brain injury, paralysis and death. The staggering costs of past and future medical treatment, lost wages, loss of earning capacity, pain and suffering, mental anguish and loss of consortium can create an enormous financial burden.
If you or a loved one has been involved in a trucking accident in Delaware, you may consider filing a personal injury lawsuit against the other driver. However, there are often multiple parties responsible for trucking accidents. The experienced Delaware trucking lawyers at Edelstein Martin & Nelson, LLP can help you identify all potentially liable parties.
In addition to the other driver, additional potentially liable parties in trucking accidents include:
- Commercial trucking businesses who employ drivers
Employers are responsible for the actions of their employees. If an accident occurs while a truck driver is working, the commercial trucking business who employs that driver will also share responsibility for the damages, particularly when the commercial trucking business fails to adequately train or supervise its employees.
- Commercial trucking businesses who hire independent drivers
Due to recent changes in the law, even when a commercial trucking business hires an independent driver, who is not their employee, the commercial trucking business may also be found liable when a trucking accident occurs.
- Truck owners
Often truck drivers do not own the trucks that they drive. When a truck or tractor trailer is involved in an accident, the owner of the truck may be liable if the truck owner acted negligently by failing to properly maintain their vehicle. Failing to regularly inspect a truck is one example of negligence that falls within this category.
- Loading, shipping and hauling companies
Loading, shipping and hauling companies often specialize in transporting specific types of products. These businesses arrange for the packing, loading and unloading of the product being transported by the truck. If a truck accident occurs as a result of negligently packed, loaded or unloaded goods, the hauling company may be responsible for some of the damages caused by the accident.
- Certified truck inspectors
Truck owners and drivers rely on truck inspections to alert them of any potential safety issues with the vehicle. If a certified truck inspector acts negligently in performing the required certification tests, an unsafe truck may remain on the road. In the case of such negligence, the certified truck inspector may also be liable for a percentage of the damages resulting from the truck accident.
- Truck leasing companies
When a business leases trucks to either commercial haulers or independent drivers, they may also be liable if the truck that they leased was involved in an accident. Truck leasing companies may be negligent in their inspection, maintenance and storage of the trucks within their fleet.
- Maintenance companies
Commercial trucking companies often contract with maintenance companies with respect to the servicing and upkeep of their vehicles. When a maintenance company fails to properly maintain a truck, it also may face liability when a trucking accident occurs.
- Truck/truck part manufacturers
Injured parties may also have product liability claims against truck manufacturers and the manufacturers of specific truck parts such as brakes, ignition systems and steering components.
Trucking Accident Lawyers in Delaware Experienced in Complex Trucking Lawsuits
Because multiple parties are often involved in trucking and tractor trailer accidents, trucking lawsuits can present complex litigation issues. In addition to identifying potentially responsible parties, the trucking attorney you choose to represent you or your loved one should be familiar with state and federal trucking laws including U.S. Department of Transportation and Federal Motor Carrier Safety Administration regulations.
The Delaware accident lawyers at Edelstein Martin & Nelson, LLP are knowledgeable about current trucking laws and regulations. Our attorneys represent individuals injured in trucking accidents in Delaware and Pennsylvania with offices conveniently located in Wilmington, Delaware and Philadelphia, Pennsylvania. To schedule a free confidential consultation today, call the Delaware truck accident lawyers at Edelstein Martin & Nelson, LLP today at (302)-295-5050 or toll free (800) 300-0909, or submit an online inquiry.