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Truck accidents are unlike vehicle accidents because they are often far more complex and difficult to navigate, with numerous parties potentially being liable, so hiring an Idaho truck accident attorney from Andrew Injury Law is recommended.
This is especially true if you want to learn more about who you can sue for a truck crash. To help give you an idea of the liable parties you might encounter that are worth suing, we’ve discussed them in this blog.
After learning more about who you can sue, you can hire a highly skilled Idaho truck accident lawyer to help you investigate the accident and determine how much is a fair settlement for your case.
Many different parties can be held liable for a truck crash. In addition, there are times when multiple parties can be sued simultaneously for their involvement in the accident. The key is finding out who to sue. Your truck accident attorney can identify all liable parties you might sue.
In Idaho, trucking companies are required by law to follow state and federal safety regulations, practices, and laws. Unfortunately, many truck companies don’t follow these rules, leading to or contributing to accidents involving truck drivers.
For example, a trucking company might not keep up with maintenance on its trucks, and this could lead to a loss of control while driving. Another example is when a trucking company purposely disregards load regulations, causing a truck driver to jackknife or become involved in a rollover accident.
Should your attorney uncover that a trucking company is fully or partially responsible for an accident due to violating state or federal laws, they can help you sue them.
Another common defendant in a truck accident is a truck driver. Unfortunately, truck drivers often partake in risky road behavior like driving under the influence, driving while fatigued, driving aggressively, distracted driving, or speeding. These reckless and negligent actions result in truck accidents.
Since Idaho is an at-fault state, you have the right to sue a truck driver if they are found to be responsible for the accident that transpired. However, truck drivers often have limited resources and insurance, so it can be difficult to sue them directly to obtain a settlement or judgment.
That’s why speaking with a lawyer is recommended, as they can help you ensure you receive the most compensation possible for your case.
Not all trucking companies conduct their own maintenance, so a maintenance problem causing an accident won’t solely fall upon a trucking company.
If a trucking company has hired a separate maintenance company to service, repair, and maintain its fleet, it is the responsibility of the maintenance company to ensure the trucks operate as they should.
To sue a maintenance company, you must prove that they did not service, repair, or maintain the truck involved in the accident. Alternatively, you might have to prove that they did not perform the designated services correctly and that this incompetence led to the accident.
In addition, you might discover that you will need to sue the maintenance and trucking companies as they often incentivize one another to cut corners regarding maintenance and inspections.
Uncovering who to sue in an Idaho trucking accident can be challenging, especially if you suspect more than one party is responsible for the crash.
So, if you have questions and want to take legal action but are unsure where to turn, you can speak with the truck accident lawyers at Andrew Injury Law.
Our firm can look into the details of your case to help you establish a plan of action that results in you securing compensation. Schedule an appointment with us here.
Years ago I had a case involving a commercial truck going towards Salt Lake City at night who lost a wheel off its trailer. The wheel and tire ended up lying in the middle of the interstate and caused the death of my client’s husband and father. It was a tragic case and as I began to dig into it I learned some very valuable lessons regarding how truck companies and their insurance play aggressively when they cause serious injury to others.
One of the things that they did, is very early on they sent out their own investigators to collect up as much evidence as they could. Now one would think that this would be for the purpose of preserving evidence. However, what we later learned in this particular case was that not all of the evidence they collected was preserved. In fact, as I have studied and worked on commercial vehicle crashes, what I’ve learned is that the “job” of many of these insurance hired investigators is to destroy as much evidence as they can.
This is why it is imperative that you contact a lawyer as soon as possible to take actions to prevent the destruction of that evidence. One of the ways this can be done is with a spoliation letter specifically documenting and directing the at-fault parties to preserve that evidence in the future. Now unfortunately, a spoliation letter does not mean that a party could not still destroy evidence. I suspect this still happens. However, what it does do is in the event that the destruction is discovered, the plaintiff can ask the court for an instruction to the jury informing them of the destruction. A jury hearing that is likely to hold it against a trucking company and that colors their actions.
Another thing that that I’ve learned over the years, is that with serious trucking crashes, appropriately trained crash scene investigators are very valuable. Not any private investigator can handle this job. You need accredited investigators usually with crash reconstruction experience and law enforcement experience. These investigators are trained to evaluate and see things that the common person probably would not think to consider to determine what happened in a crash. Over the years I’ve developed relationships with several investigators that do excellent work in commercial vehicle crash cases.
Commercial carriers, especially the small ones, often use shoddy and cheap maintenance mechanics to do their mandated maintenance. In the same wheel off case, we discovered that the carrier had just barely a mechanic a few days prior, to do work on the very wheels that came off the trailer in the crash. It turned out the mechanic was some fly by night outfit that did quick work over tightening and overstressing the bolts that ultimately led to the wheel following off the trailer. The proper torque settings had not been followed leading to metal fatigue and failure. One by one, the bolts broke until the wheel fell off entirely.
Semi trucks can weigh as much as 80,000 pounds. That amount of mass traveling on our highways requires extensive maintenance and care to be safe. When those vehicles and their carriers are involved in a wreck, it takes good investigation and savvy in order to prevent a trucking company and their insurance from weaseling out of paying the full value of the harm they cause.
Trying to go up against these clever and experienced companies alone is asking for problems. That’s why it’s important then you contact an attorney that handles commercial vehicle crashes and get them working on your case as quickly as possible. Truck cases need experienced lawyers to help.
Matt Andrew has been an attorney and member of the Idaho Bar since 2007 and has a varied and fascinating legal career. Since 2013, Matt has focused on representing seriously injured people in personal injury and workers’ compensation cases. Matt has successfully tried multiple cases to verdict before the Idaho District Courts and the Idaho Industrial Commission.
Member of the Idaho Bar since 2007
Bar Number: #7698
Location: Meridian, Nampa, and Caldwell, Idaho.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Attorney Matthew Andrew, who has more than 20 years of legal experience as a personal injury attorney.
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