Truck Crash Cases May Involve Multiple Defendants

Where exactly does that potential compensation come from, though? After a normal passenger car crash, you would typically go through the other driver’s insurance or file a lawsuit against that driver. In some rare cases, you might go after an establishment that overserved alcohol to the driver.

The person responsible for your injury isn’t always as clear-cut from the beginning when dealing with cargo trucks, big-rigs, 18-wheelers, or even local delivery vehicles, however. Truck accident cases become more complex because of how truckers are employed. In many cases, the truck driver works for one employer, but another company entirely could own the cab, cargo, or trailer. Defendants and possible sources of compensation in a Pennsylvania truck accident case can include the:

  • Actual driver of the truck
  • Commercial truck owner (who may not be the driver)
  • Freight broker who failed to perform due diligence in selecting a qualified and safe trucking company
  • Loading crew who improperly stowed the truck’s cargo
  • Manufacturer of a faulty truck part
  • Mechanic who performed a shoddy repair
  • Trucking company that failed to properly train the driver or committed other negligent acts

Different Evidence Is Needed in Truck Crash Cases

To make that determination, an attorney needs to gather evidence proving who is responsible for your injury, as well as outlining the damages you are actually owed. Some of the evidence needed remains the same in a truck crash as in any other type of car accident.

For instance, you may need to utilize accident reconstruction experts, dashcam footage, eyewitness testimony, medical documentation, and security camera video just like with any other accident. Additional details are necessary that are unique to truck injury claims, however, such as:

  • Driver logbooks showing hours driven
  • Disciplinary actions by the driver’s employer in the past
  • Employment records like hiring paperwork
  • Repair and maintenance logs
  • Training data

Your attorney’s investigation into the crash may show that the driver reported a mechanical problem that needed to be fixed, but the trucking company never ordered the repair. In other cases, fault may clearly lie with the driver instead for violating logbook rules and continuing to drive while tired over the maximum allowed hours.

One of the biggest concerns in truck accident litigation is that crucial evidence may be destroyed by the trucking company before it can be used in court. That’s why contacting an attorney early is critical to your financial recovery. Your attorney may need to send a demand letter to preserve evidence, and can help you file a lawsuit within Pennsylvania's strict statute of limitations on personal injury truck crash cases.

 

Kevin W. Mottley
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Richmond, VA trial lawyer dedicated to handling brain injuries, car accidents and other serious injury claims