In an accident involving a commercial truck, it might seem logical to sue the truck driver if he or she is responsible for the accident. However, it is possible that letting the driver go and pursuing a different party might be in your best interests. If you were involved in an accident with a commercial truck, here is what you need to know.
Is Suing the Driver the Best Option?
If the truck driver caused the accident, he or she is obviously liable for the damages and injuries that you suffered. However, suing the driver might not be the best option for your case. There could be a bigger fish you can pursue.
In a personal injury case, the idea is to receive compensation that can help make you whole again. Suing the truck driver might not net the amount that is needed for this to happen. However, suing another party could be the ticket.
Who Can You Sue?
In reviewing your case, your attorney will look at everything from the reason the accident occurred to who owns the commercial truck. Your attorney wants to determine if there are other parties that can be held responsible for your damages. In most instances, there is.
Unless the truck driver owned his or her rig, chances are, you can hold the company that employed or contracted with the driver responsible. If the accident was the result of a mechanical failure, your attorney might advise you to sue the manufacturer of the part that failed. You could even file a lawsuit against the supplier whose product was on the truck in certain situations.
How Do You Choose the Party to Sue?
One of the perks of personal injury law is that you do not have to choose just one party to hold responsible. You can file a lawsuit against various parties to recover the damages you are owed.
For instance, if mechanical failure was to blame, your attorney could advise you to file a lawsuit against the driver, the trucking company, and the manufacturer. The driver would be responsible because he or she was behind the wheel when the accident occurred.
The trucking company's liability is due to owning the truck and failing to properly check the truck for problems. The truck's manufacturer could be liable for failing to realize the part was defective before selling the rig.
Talk to law firms like D Chadwick Calvert Law Office to get a proper assessment of your case and to start the process of moving your case forward.