Trucking accidents are often very serious because trucks are large vehicles that significantly outweigh passenger cars. In fact, while the average vehicle weighs just 3,000 to 5,000 pounds, trucks can weigh as much as 80,000 pounds. Trucks are also prone to rolling over because of their top-heavy nature, and the trailers on trucks can jackknife and cause serious damage to surrounding vehicles.
Unfortunately, when a truck accident happens, innocent victims including pedestrians, motorcycle riders, and other motorists on the road are much more likely to be hurt than the truck driver who may be responsible for causing the accident. When a trucker causes an accident and injures or kills others on the road, the innocent victims or their surviving family members can pursue a wrongful death or personal injury claim against the truck driver and/or against the trucking company that employed the driver.
Who Can Sue for Injury After a Truck Accident?
A victim of a truck accident can sue any time the crash is wholly or partially caused by the negligence, wrongdoing or rule-breaking of a truck driver. In other words, if a truck driver has made a careless decision behind the wheel; has violated state safety laws; or has violated federal laws set forth by the Federal Motor Carrier Safety Administration (FMCSA), then the victim of the truck accident can sue. Victims of accidents who can pursue a claim include:
• Non-employee passengers in the truck who are hurt by the actions of the driver, or by a problem with the vehicle itself.
• Drivers or passengers in other vehicles who are hit by the truck or otherwise injured by a truck accident.
• Pedestrians injured by the actions of the truck driver.
• Bicycle riders hurt in a truck accident.
• Motorcycle riders injured in a truck accident.
Any individual who is harmed as a direct result of a truck accident can file a personal injury lawsuit after the truck accident has happened. If the victim is too severely injured and is not able to take action on his or her own behalf, the person who is in charge of the victim’s affairs can bring a lawsuit on behalf of the injured victim.
Who Can Sue for Death After a Truck Accident?
When a truck accident causes fatalities, the injured victim obviously cannot sue for accident injuries. Instead, close family members are able to file a wrongful death lawsuit against the driver, trucking company and/or others responsible for the fatal wreck. The rules for who can bring a wrongful death case can vary by state but generally, people who can sue for death after a truck accident include:
• Spouses whose husband or wife was killed in the accident.
• Parents of minor children killed in the accident.
• Children of minor parents killed in the crash.
If there are no close immediate family members, others can sue including siblings, parents of adult children, grandparents or others who received financial support from the deceased and/or who have been put in charge of the estate of the deceased. An experienced truck accident lawyer can help you to determine if you have the right to make a wrongful death claim after a truck accident caused the untimely demise of your family member or loved one.
