Who Can Be Held Responsible For Wrongful Death After A Commercial Truck Accident?
If you have recently lost a spouse or family member due to an accident that involved a commercial truck, you might be thinking about filing a wrongful death suit. After all, you probably want the responsible party to be held responsible for the tragic accident. However, you might be wondering who will actually be held responsible in one of these cases. This will depend on the situation, and it is something that an experienced attorney, such as Allison & Rickards, Attorneys at Law, LLC, can help you determine. These are a few possible options.
One person who might be held responsible is the driver who was operating the commercial truck at the time of the accident, such as if he or she was driving too fast or was driving recklessly. Your lawyer can look into the details of the accident and can help determine if this is an avenue that you may want to take.
The Trucking Company
Additionally, the trucking company that owned the truck that was involved and that employed the driver at the time of the accident may also be held responsible. For example, if the trucking company encouraged drivers to drive more hours at a time than they are supposed to, if it was negligent about keeping trucks in good repair or if any other negligence was due to the trucking company's fault, it could be held responsible for the accident as well. Generally, this type of lawsuit will be handled by the trucking company's insurance company, if the company was properly insured at the time of the accident. If not, the trucking company itself may be held financially responsible. This may also be the case if the trucking company is insured but does not have ample insurance to cover the lawsuit.
The Truck Manufacturer
In some cases, these accidents occur due to no fault of the driver or the trucking company. Instead, they occur because of a malfunction of the truck or one of its parts, such as if the braking system was faulty and did not allow the driver to slow down or stop the truck at a critical moment. In this type of situation, the manufacturer of the truck or the faulty part might be sued for wrongful death.
Ass you can see, various parties can be held responsible for commercial trucking accidents that result in death. Obviously, the party or parties that should be sued will depend on the specifics of the case, so it's wise to work with a skilled attorney who has experience with wrongful death suits to help you determine how to proceed after your loved one's death.