Additional Defendants May Be Equally Liable In Tractor-Trailer Accidents

Tractor-trailer accidents are unfortunately common on U.S. roadways, and the consequences for injured victims can be life-changing. Most of the time, any negligence can be laid squarely at the door of the tractor-trailer driver and/or their employer, as they tend to have the most effect on the tractor-trailer itself. However, it would be remiss to ignore other actors who might have indirectly played a role in the crash. The right attorney can help an accident victim determine just who should bear responsibility for their injuries.

Consider Compensation

In most cases, a personal injury case in negligence is brought by a plaintiff who believes that a defendant’s actions were the direct cause of their injuries. Florida law observes four different points that must be established in order for a plaintiff to prevail at trial: the existence of a duty to exercise reasonable care, a breach of that duty, tangible injuries (though they need not be physical), and a showing that the defendant’s actions were the immediate cause of plaintiff’s harm.

As one might imagine, the driver of a vehicle involved in an accident will usually be the first defendant that an injured plaintiff attempts to sue. However, in an accident involving a tractor-trailer, simply suing the driver is not a good idea in terms of compensation – drivers are often judgment proof (that is, they lack the assets to be able to pay out a jury award), and they are only one potential defendant in a sea of many. There are other actors who may have played a role in the crash.

Fault May Be In Many Defendants

In these types of accident cases, it is the trucking company (the driver’s employer) that is by far the most commonly sued defendant next to their employee. Trucking companies will often have deep pockets, and in some cases, they are legally responsible for the actions of their employee – if the driver was acting within the ‘scope of employment’ at the time of the accident, their employer may be on the proverbial hook for damages.

Two other potential defendants in tractor-trailer accident cases are (1) cargo loaders, who can be held liable if a truck is overloaded or improperly packed, particularly in jackknife accidents; and (2) mechanics or maintenance companies, who may be prone to inadequately performing inspections or part maintenance. Essentially, if a person or entity’s actions contributed to the accident, they can be held liable if the right evidence exists.

Contact A Tampa Tractor-Trailer Accident Attorney

If you have been involved in a tractor-trailer accident, it is a good idea for you and your attorney to thoroughly investigate just who might bear a share of liability. A Tampa tractor-trailer accident attorney from the Rinaldo Law Group can help you determine how to proceed in the legal process. Call our office today to schedule a free consultation.