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Truck accidents may involve multiple defendants

| Jun 11, 2019 | Firm News

Traffic accidents between consumer vehicles and large trucks often cause massive damage to property and serious physical injuries, leaving victims with complicated legal issues to resolve while they work toward recovery. While any accident may cause significant physical harm and property damage, determining the liable party or parties is often more difficult.

If you recently suffered losses from a truck accident, you cannot afford to waste any time before building your claim, but this is difficult if it is unclear what caused the accident or which party holds liability. In order to keep your rights protected during your recovery, it is wise to gather and examine all the evidence you can using strong legal resources and guidance in Connecticut.

Is the driver an employee or a contractor?

Understanding the relationship between a truck driver and the party that hired them is crucial to most truck accident claims. If the driver caused the accident while working as an employee, then the employer probably holds liability for your losses and related expenses. However, if the driver was not acting as an employee while driving, or if they were driving as an independent contractor, then they may hold liability through their own insurer.

In some cases, companies may misclassify a driver as a contractor for their own protection, but the driver may still legally qualify as an employee, so it is important to review this evidence carefully.

Third party liability

It is also possible for a third party to hold liability in a truck accident. For instance, drivers rarely load cargo into a trailer themselves, often relying on the workers in a dock to properly secure cargo in a trailer or on a flatbed. If cargo is not properly secure, it can shift suddenly while the truck is in motion, which can easily cause an accident beyond the driver’s control. In this case, the party responsible for loading and securing the cargo may hold liability.

Another common cause of truck accidents is poor or faulty repair work. If an accident occurs because of faulty maintenance or repairs performed on the truck, then the party who performed the work may hold liability. Similarly, accidents caused by failing components within the truck may place liability on the manufacturer of the failed component.

Building a strong claim depends on identifying the liable parties and building a strong case that backs up your claim. Strong legal resources and guidance can help you navigate this difficult process, keeping your priorities secure and giving you room to focus on your physical and financial recovery.



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