Determining Who Caused the Wreck
When you’re involved in a collision with an 18-wheeler, big rig, semi, tractor-trailer or other commercial vehicle, your injuries can be serious, even if the accident occurred at relatively slow speeds. A fully loaded semi can weigh up to 80,000 pounds, under current trucking regulations and your passenger vehicle will rarely weigh more than a couple tons. In most instances, you’re going to get the worst of it. To recover compensation, though, you’ll need to establish liability—who caused the accident. In many cases, you may actually be able to show that a number of different parties contributed to the crash.
Who Are the Potentially Liable Parties in a Commercial Trucking Accident?
In the aftermath of a truck accident, you may be able to bring a lawsuit against:
- The person driving the truck—The driver may have made driving mistakes, may have been distracted by a mobile device or a passenger, may have been under the influence of alcohol or drugs, may have violated state or federal regulations governing “time on the road,” or may have failed to conduct required maintenance
- The owner of the truck—If the driver was employed by a trucking company, you may have a claim against the business or the owner. That may involve negligence in hiring, training or monitoring. It can also include failure to ensure that the driver took required rests or that the vehicle was properly maintained.
- The cargo loader—Many accidents are caused because 18-wheelers or delivery vans are overloaded or because the loads are imbalanced, causing rollovers or loss of control
- The manufacturer of the truck or of a part or component of the truck—You may have a product liability claim for negligent design, manufacture or marketing if the accident was caused by the breakdown or failure of a part or product
- The local government, if the accident was caused by a poorly maintained or designed road
Contact the Law Offices of David J. Karbasian, PC
Send us an e-mail today or call us at 856-667-4666 / 856-600-HURT to schedule an appointment to discuss your personal injury claim. Evening and weekend consultations are available upon request. We can come to your home or the hospital to meet with you, if necessary.