Indiana Injury And Family Lawyer BlogNaming Defendants in Indiana Truck Accidents
Truck accidents can have a number of causes. A person may suffer injuries due to a truck driver who acted negligently, an employer who enabled the negligent driver, or even a company that manufactured a defective part of the truck. Due to the multiple possible causes of a truck accident, an injured victim may be unsure how to recover damages for their harm. If you have been hurt in an Indiana truck accident, you can consult a personal injury attorney to investigate potential claims against multiple possible defendants.
According to a recent news article, an Indiana truck accident involving four tractor-trailers led to a significant oil and diesel spill on the highway. The accident took place near Indianapolis as a semi-truck pulling double-trailers was traveling westbound. The driver, believing another semi-truck would run into his vehicle, attempted to pass the semi-truck. Instead, the driver struck the concrete barrier between lanes, swerved back, and hit a third truck. In the eastbound lane, a fourth semi-truck hit the same barrier. As a result, one of the trucks rolled to its side and caught fire, spilling a large amount of diesel and oil on the highway. Local officials closed both the eastbound and westbound lanes of the highway for several hours to clean up the spill.
Who is Responsible for a Truck Accident?
In an Indiana truck accident, responsibility may lie with multiple parties. When you seek to file a personal injury lawsuit after a truck accident, there may be a few potential defendants you can investigate. First, the clearest responsible party is the truck driver. The driver may have failed to exercise due care in operating the truck, leading to a serious accident. Moreover, the driver’s employer may have enabled them to act recklessly. Under the respondeat superior theory, a company can be liable for its drivers’ negligence when the driver is operating the employer’s truck on a scheduled delivery route at a scheduled time in some manner as to further the employer’s business. For example, if the truck accident occurred while the driver was completing a delivery for his or her employer, anyone injured in the accident may be able to sue the employer for damages.
On the other hand, the driver’s negligence may not have caused the truck accident. Instead, a truck may malfunction due to a defective tire or other auto part. In this case, a person injured in a truck accident may be able to sue the auto part manufacturer for placing a defective product on the market. A product liability lawsuit can allege a manufacturing defect, a design defect, and a warning defect. For example, a plaintiff can argue that a company designed a product without considering safety risks to the consumer. On the other hand, a company may have carefully designed a safe product, but they manufactured the product’s safeguards incorrectly. In either case, a plaintiff can file a product liability claim against the company that sold the defective product.
There are many potential defendants in a complex truck accident. An experienced Indiana personal injury attorney can help you determine which defendants to name when filing a lawsuit to recover damages for your harm.
Have You Suffered Injuries in an Indiana Truck Accident?
If you or a loved one has been injured in an Indiana truck accident, you may have a claim for relief. To discuss your case with a skilled personal injury lawyer, contact Padove Law today for immediate assistance. Personal injury attorney Burton A. Padove is intimately involved in both truck accident and product liability cases throughout the state of Indiana. Attorney Padove has a demonstrated track record of fighting to recover the damages his clients need and deserve. To learn more, and to schedule a free consultation, call 877-446-5294.