Who Is Liable When a Truck Crashes into a Car?
It may seem like a simple, cut-and-dry case. If a semi-truck hits you, isn’t it the driver’s fault? This may be true, but in many cases, other parties could have prevented the accident if they had followed trucking rules and regulations. This is where the concept of “third-party liability” comes into play.
Third-party liability applies when someone other than the party who directly injured you is responsible for your accident-related injuries and losses. Sure, the driver may have steered the truck into the car, but what if they were overworked by their employer and fell asleep at the wheel? What if a load imbalance affected their steering? What if the brakes malfunctioned?
Since so many parties could potentially be liable in a single truck accident, it’s critical to hire an experienced truck accident attorney who knows how to investigate and litigate these claims. At Davis, Saperstein & Salomon, P.C., we have over 40 years of successful experience representing victims of New Jersey truck accidents. More than 40,000 families have received a verdict or settlement in their favor after coming to us, and we’ve recovered over $1 billion on behalf of our clients.
Contact us today to learn more about how we can help.
Examples of Additional Defendants in Truck Accident Cases
Some common examples of third-party liability involve other parties whose actions create conditions that increase the likelihood of the truck driver causing a collision. Your attorney’s investigation may reveal that one of these parties could also be responsible for your injuries and losses.
The Trucking Company – If the carrier set a demanding schedule for the driver that could only be met if the driver operated outside of the regulations set by the Federal Motor Carrier Safety Administration (FMCSA), the trucking company could be liable for your injuries. The company could also be held accountable if it was negligent and hired a driver with a history of DUIs or reckless driving.
A Maintenance Company, Rig Manufacturer, or Trailer Manufacturer – An improperly performed repair or a defective vehicle could cause the driver to lose control of the vehicle and hit another car.
The Cargo Loading Company – If an unbalanced, overloaded, or improperly secured load caused the crash, the loading company could be responsible.
The Shipping Company or Owner of the Trailer – Depending on the facts of the case, a shipping company or trailer owner may also be liable if their negligence contributed to the crash.
The Municipality Responsible for Maintaining the Roads – In some cases, if the city didn’t clear the road of obstructions that blocked signage or debris that covered the road, and an accident resulted, the city could be liable. Municipalities could also be liable for negligent road design, poor signage, or confusing construction detours.
How Is Liability Determined?
Determining who was at fault in a collision requires an extensive investigation. Your attorney will dig into the details of the crash, obtain evidence, analyze that evidence, and look at all the details to figure out what actually caused the accident. They can review black box data from the truck, CCTV footage from nearby cameras, dash-cam footage, markings on the highway from any braking action, and the damage to the vehicles. They will interview witnesses, document your version of events, and determine which parties were at fault for the crash that injured you.
Determining the cause of a truck wreck is your attorney’s job. While you rest, recover, and focus on your health, your lawyer will be working diligently to determine who is at fault and fight for the money you deserve to make your life whole again.
Talk to an Experienced 18-Wheeler Accident Attorney in New Jersey Today
Do you need help handling a third-party liability claim after being hit by a commercial truck? We can help. The tenacious litigators at Davis, Saperstein & Salomon, P.C. have the experience and drive to demand that all parties who contributed to the accident are held accountable for your injuries.
Contact us today to schedule a free consultation at 1-800-LAW-2000 or via email at info@dsslaw.com. Our firm offers free, no-obligation consultations and second opinions, and has offices throughout New Jersey and New York City. We’re happy to meet you in person at one of our offices or virtually via FaceTime or Zoom. If English is not your first language, we’re happy to offer translation services in a variety of languages, including Spanish, Korean, Albanian, Polish, Russian, and more. There’s no charge for the consultation, and we only get paid if we win money for you.
