Woodford, SC – Filing a lawsuit against a commercial driver can be more complex than cases against one driver and their insurance company. Trucking companies, the business that loads and maintains the cargo, the individual driver, and others may be legally responsible depending on the particular situation. The defendant in the lawsuit will likely have to pay for the victim’s injuries through a settlement or after a trial. It may not be obvious who needs to be named as a defendant in these kinds of civil accident lawsuits, so legal help is recommended.
The company that owns and operates the vehicle
In most cases, the employer of the driver and the company that owns the fleet of vehicles will be named as a defendant in the lawsuit. This is because employers are liable for the actions of employees who are engaged in their normal job duties, such as driving. The employer will likely have some kind of high risk insurance policy that may be able to cover the losses associated with the crash as well.
The individual driver
Some drivers may be independent contractors or have other situations that apply to their relationships with the businesses involved in a delivery. In these kinds of cases, the driver is responsible for their own actions because they do not have a typical employment relationship with a trucking company or other business. There may be complex principles of agency or contract law at work, and it can be extremely difficult in some cases to discern whether a driver should be considered solely liable for a crash, or if other businesses involved in the transaction should be accountable as well.
Manufacturers of trucks and truck parts
There is an entire area of civil lawsuits which deals with cases against businesses who create and distribute various kinds of defective products. This is called products liability, and when defective trucks or parts are to blame for a collision, the results can be serious. The company will generally issue a wide scale recall to avoid further liability, and their financial losses can grow large quickly. The defects do not necessarily need to be intentional or the result of negligence, as manufacturers are held accountable merely for releasing a product to the public that turns out to be dangerous for their intended use. This process is a strict liability theory of products liability cases, and theories of negligence can be used in other cases.
Information from accident lawyers
The Clekis Law Firm can help truck accident victims in Woodford and other parts of South Carolina. Their attorneys are available to provide guidance and recommend a specific course of action during an initial consultation.
Firm contact info:
171 Church St., Charleston SC, 29401