A crash involving a truck is a potentially serious event that could alter your life forever. However, if another person or company is responsible for your collision, they could be held financially responsible for your losses.
To determine your rights to compensation, speak with a Middletown truck accident lawyer. A skilled attorney at Doroshow, Pasquale, Krawitz, and Bhaya could help you navigate the legal system.
Types of Trucks that May Cause Injury
There are many kinds of trucks that can cause significant injury to crash victims. These include:
- Tractor-trailer or semi-trucks
- Pickup trucks
- Construction trucks
- Agriculture and farming trucks
- Oversize load trucks
- Flatbed trucks
Driver’s Liability in Truck Accidents
Knowing who is or may be responsible for a plaintiff’s damages is a key part of any successful truck collision claim. In trucking crashes, the potential defendants can vary greatly depending on the unique circumstances of the case.
The most obvious answer is the truck drivers themselves, who may be negligent in many different ways. This could include distracted driving, exhausted driving, failure to check blind spots, or even speeding. The driver themselves may be individually liable, depending on their employment status and whether the crash was directly their fault.
Truck Company Liability in Accident Cases
However, the less obvious but often more lucrative defendant is the trucking company that employed the negligent driver. Trucking companies who the employ drivers are often responsible for the negligent acts of their employees.
Called respondeat superior, this legal doctrine permits plaintiffs to hold an employer legally responsible for acts committed while in the course and scope of the truck driver’s employment, under the correct legal circumstances. This means that a trucking company could be financially responsible to the plaintiff, opening up a much larger source of potential compensation.
Certain cases may be brought against the trucking company. The first deals with issues related to hiring an unqualified (such as someone with a history of poor driving) or improperly trained driver. This negligent act falls directly on the shoulders of the trucking company that performed the hiring, rather than vicariously through the actions of the truck driver.
Another case that may be brought against a trucking company is for keeping on a driver who should not be employed. This applies in a case where a driver, while employed by the company, is in multiple collisions or exhibits other poor driving habits. This often requires extensive discovery to prove.
Improper maintenance claims are a broad category that include any failure by the trucking company to ensure the truck was properly maintained. If the improper maintenance was the cause of the collision, the company may be responsible for the plaintiff’s damages. This also requires extensive discovery from an experienced truck collision injury attorney.
Statute of Limitations in Trucking Accidents
Most forms of personal injury cases, such as those for trucking crashes, are limited to a period of two years from the date of the accident, according to 10 Delaware Code § 8119. It is critical that a case be filed within the proper time period. A skilled truck crash attorney will work to ensure the case is filed in time, so an injured victim should reach out to legal counsel as soon as possible after an incident. This is even more critical in trucking cases because it is often not clear exactly who the owner of the truck and trailer involved in the collision are. This is not the sort of information that can be found quickly.
Contact a Truck Accident Attorney in Middletown for Help
A truck crash likely results in serious injuries and high costs. Compensation for property damage, medical costs, lost income, as well as pain and suffering may be available in a properly demonstrated case.
Let an experienced Middletown truck accident lawyer fight for your interests and help you seek financial compensation. Contact the Law Offices of Doroshow, Pasquale, Krawitz, and Bhaya today.