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Potential defendants in a truck accident claim

On Behalf of | Sep 13, 2021 | Truck Accidents |

Unlike car accident claims, where the other party is usually an individual, the defendants in a truck accident claim can be multiple. In fact, the chances of a fair recovery of damages may improve with the increase in the number of defendants. This is something that people in Albany, Georgia, and nearby areas may have heard before. However, many people may not be aware of who those parties may be.

Who all can be held liable?

In the event of a truck accident, it may be possible to include the trucking company, the contractors, the employers and insurance companies as defendants to a personal injury claim. In cases where hazardous materials were being transported in the truck that caused the accident, the manufacturer or the shipper of that hazardous material can also me made party to the personal injury lawsuit.

It is important to remember that if there was an employer–employee relation between the truck driver and the trucking company, it is the company that will be held legally liable. Also, it must be proved in court that the company had a certain degree of control over the driver and that the accident occurred during the course of carrying out an official duty.

However, if the driver was an independent contractor, it is important to establish in court the degree of supervision that the trucking company had over the driver. In sum, it can be said that the potential liability of the trucking company, the employer, and the contractors is a key factor in truck accident claims as all of these individuals and entities are likely to have separate insurance policies.

Pursuing a truck accident claim

As most people will agree, truck accidents are often more devastating than accidents with another small vehicle. Therefore, the damages sustained are also much higher. Taking that into consideration, it may be a wise decision on part of truck accident victims and their families to seek professional guidance. After all, with the right legal support, victims and families may be able to cope, at least to some extent, with the various physical, emotional and financial challenges that are the result of the truck accident.