Stockton Truck Accident Lawsuits
Stockton Truck Accident Lawsuits
I’m Ed Smith, a Stockton auto accident attorney. In most cases, commercial truck accidents cause a great deal more damage to a vehicle and the involved individuals than a similar collision with another vehicle of the same size. While commercial truck accident lawsuits have commonalities with regular vehicular claims, some differences exist. For one, you will need to determine who is liable in the accident and who you will sue. Any combination of the following parties could be held responsible: the driver, the trucking company, the lessor, the delivery company or the insurance company.
Considerations in a Truck Driver Lawsuit
In most commercial truck driving cases, you would sue the truck driver and probably his employer. The trucking company will be found responsible for the employee’s negligence if the accident happened while on the job. However, the driver might be an independent contractor who does not directly work for the company.
However, the situation becomes more complex when the truck owner hires a second person as a driver. The owner might also lease the truck to a third person, and the driver then delivers for yet a fourth company.
In addition, you will want to think about what caused the accident. For example, if the brakes failed or if the truck suffered from another mechanical problem, you will likely sue the mechanic in addition to the owner.
In other cases, your Stockton truck accident attorney will not sue the driver even if he or she was at fault because the person cannot pay. Instead, your lawyer will sue the trucking company in order to secure the maximum amount of compensation on your behalf. A jury will likely sympathize with an individual who probably made a mistake. However, they might hold a large trucking conglomerate responsible, increasing your chance for a favorable outcome in the case.
Truckers who Are Independent Contractors
Even if your attorney decides to sue an independent contractor, he or she will look for a company, possible the truck lessor or owner, to hold accountable. Again, liability depends on what caused the accident and even the terms of the contract between the driver and the company.
State and Federal Trucking Regulations
With hundreds of state and federal trucking regulations, your Stockton personal injury attorney will likely find laws that the trucker or company violated, which will prove the driver’s negligence. Your attorney will then assess which party, likely the trucking company or the manufacturer, has the deepest pockets and the resources to pay out a legal claim. Your lawyer will need to prove one of the following:
- Violations of the Federal Motor Carrier Safety Regulations
- Negligent repairs, maintenance or inspections
- Negligent hiring practices
- Lease liability or
- Employer liability.
Trucking Accident Attorney Serving Stockton
Hi, I’m Ed Smith, a Stockton Trucking Accident Attorney. Due to the complex liability issues in trucking accident lawsuits, you need a knowledgeable attorney with the experience to handle your case and pursue the maximum compensation available. For further information, contact me at this convenient link. You can also call our law firm at (916) 921-6400 or toll free at (800) 404-5400 for free, friendly advice.
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For more articles and information about Stockton truck accident lawsuits visit my website: www.autoaccident.com.
Image Attribution: Image Attribution: By dave_7 from Lethbridge, Canada (Big Rigs) [CC BY 2.0 (https://creativecommons.org/licenses/by/2.0)], via Wikimedia Commons