Many questions may arise following a truck accident. These often involve how to treat your injuries and how to pay for that treatment and other costs sustained in the crash. Often, figuring out these issues also involves determining which claims are appropriate and who may be sued to maximize a victim’s chance of recovering compensation. Truck crashes often result in severe injuries, and the Miami truck accident attorneys at the Law Offices of Robert Dixon are here to assist victims in determining who can be sued after a truck accident. Our firm represents people throughout South Florida, including in Miami, West Palm Beach, and other cities in Broward, Miami-Dade, and Palm Beach Counties.
Who Can be Sued After a Truck Accident?Depending on the circumstances surrounding an accident, multiple individuals or companies may be held liable for a victim’s injuries.
The Driver
A truck driver error is often at the root of a collision. Often, drivers get on the road even if they are excessively fatigued, or they may attempt to make a delivery deadline by speeding, and sometimes they may even operate their vehicles under the influence of drugs or alcohol. When a driver acts carelessly and causes injuries, they may be held accountable for their negligent acts. Negligence requires a showing that the driver breached their duty to act as a reasonable and prudent person would act in the circumstances, causing the accident and the related injuries and damages. Compensation may be awarded for medical costs, pain and suffering, lost income, loss of earning capacity, vehicle repairs, the costs of future treatment, and other damages.
The Trucking Company
A plaintiff may also have a claim against the trucking company employing the driver under a vicarious liability theory of negligence or an argument that the company itself was negligent. Vicarious liability attaches to a driver’s negligent actions when the employee-driver was working within the scope of employment at the time of the collision, meaning that they were acting at the behest of the employer-company.
A trucking company may also be held directly liable for negligent hiring, supervision, or truck maintenance. If a company puts a driver with a record of speeding, drunk driving, or other reckless behavior behind the wheel of a massive vehicle, and that driver causes an accident, the trucking company may be found accountable for negligent hiring practices because it failed to conduct proper background checks. Trucking companies also have a duty to conduct regular inspections of their trucks and engage in proper maintenance procedures when issues are identified. A failure to uphold this standard of care may put dangerous vehicles on the road. When an accident results from this failure to inspect or maintain vehicles, companies may be held liable.
Defective Parts Manufacturers
If a defect in a truck or one of its parts is found, and it contributed to a severe collision, the manufacturer, as well as others involved in the chain of distribution, may be sued. Manufacturing defects are present when an item in the line of production is flawed and therefore does not work as intended. Design defects, on the other hand, occur when there is a fundamental flaw in the blueprint of a product, making it inherently dangerous to users. For example, if faulty brakes rendered a truck incapable of stopping quickly enough to avoid a collision, a claim against the manufacturer of those brakes may be pursued.
Retain a Truck Accident Attorney in MiamiOften, a detailed investigation into the cause and contributing factors of a truck accident is necessary to pursue legal action. The Miami lawyers at the Law Offices of Robert Dixon can help you determine a sensible course of action following an accident. If you need legal guidance after a truck crash, call 877.499.4878 or contact us online to set up a free consultation with a motor vehicle collision.