If you have suffered an injury in a truck accident, you may be legally entitled to substantial financial compensation. The prerequisite is that you are able to establish that someone else was negligent in the events surrounding the accident. Most often, the negligent party would be the trucking company that employed the driver, but it is not always the case.
The important part is that you have someone working for you who can investigate the accident and determine who should be held liable. When you hire a Nashua, NH truck accident attorney for your case, they will immediately get to work to learn who was responsible. Then, they will gather the evidence necessary to win your case and work for you to be fully paid for your losses.
Truck Accident Liability Depends on Negligence
In truck accident cases, determining liability hinges on the legal concept of negligence—the failure to exercise reasonable care that results in harm to others. To hold a party legally responsible, you must prove that their negligence caused the accident and your resulting injuries. In truck crashes, liability can extend beyond just the truck driver.
For example, a truck driver may be negligent if they were speeding, fatigued, distracted, or under the influence. However, trucking companies can also be held liable for negligent hiring, training, or supervision, or for forcing drivers to violate federal hours-of-service regulations. Maintenance companies may be responsible if faulty brakes or tires caused the crash. Similarly, manufacturers can be held liable for defective parts.
Establishing negligence often requires a thorough investigation, including accident reconstruction, reviewing driver logs, examining the truck’s black box data, and gathering eyewitness accounts. An experienced truck accident attorney plays a key role in identifying all liable parties and building a strong case.
Because multiple parties may share blame, and federal regulations complicate the process, proving negligence in truck accidents is more complex than in standard car crashes. Solid legal representation is critical to pursuing full compensation from all responsible entities.
The Trucking Company Is the Most Common Defendant in a Lawsuit
In many truck accident cases, the trucking company is the primary defendant in a personal injury lawsuit. While the truck driver may have directly caused the crash, the company that employs or contracts with the driver often bears legal responsibility under the principle of vicarious liability, which holds employers accountable for their employees’ actions while on the job.
Trucking companies may also be directly negligent in several ways. They might hire unqualified drivers, fail to conduct proper background checks, neglect training requirements, or pressure drivers to meet unrealistic delivery schedules that lead to fatigue and reckless driving. Additionally, companies are responsible for ensuring that their fleet is properly maintained and that all vehicles meet federal safety standards. Failing to repair brakes, tires, or other critical systems can make them liable when those failures lead to accidents.
These companies are often well-funded and insured, making them a more viable source of compensation for seriously injured victims. However, they also have legal teams ready to dispute claims. That’s why it’s important to work with a skilled truck accident attorney who can gather evidence, uncover company negligence, and hold the trucking company fully accountable for the harm caused by their drivers and policies.
Defendants Other Than the Trucking Company in a Lawsuit
In a truck accident lawsuit, defendants other than the trucking company may also be held liable, depending on the circumstances of the crash. These parties can include:
- Truck Driver: If the driver was negligent—such as speeding, driving while fatigued, or under the influence—they can be named individually in the lawsuit, especially if they were an independent contractor rather than a company employee.
- Cargo Loaders or Shipping Companies: If improperly loaded or unsecured cargo caused the accident (e.g., shifting loads or spills), the party responsible for loading the truck—such as a third-party logistics company—may be liable.
- Maintenance or Repair Providers: If a mechanical failure (brake failure, steering issues, etc.) caused the crash, the third-party maintenance company that serviced the truck can be sued for negligent maintenance or inspection.
- Truck or Parts Manufacturers: If the accident was caused by a defective part—such as tires, brakes, or steering components—the manufacturer or distributor of the faulty equipment can be held responsible under product liability laws.
- Government Entities: In rare cases, if poor road conditions, faulty signage, or hazardous design contributed to the crash, a city or state agency responsible for road maintenance may be included as a defendant.
Each of these parties may share in the legal and financial responsibility for the accident, and an experienced truck accident lawyer can help identify all liable entities to pursue maximum compensation. If there are multiple defendants in a case, they may be held jointly and severally liable. Your truck accident lawyer will conduct a thorough investigation of the accident to learn each possible defendant to name in a lawsuit.
How a Truck Accident Attorney Establishes Liability and Works to Maximize the Value of Your Claim
A skilled truck accident lawyer plays a vital role in establishing liability and maximizing the value of your case. Truck accidents are often more complex than standard car crashes, involving multiple parties, federal regulations, and serious damages. Your lawyer begins by conducting a thorough investigation, which may include collecting police reports, analyzing crash scene evidence, reviewing the truck’s black box data, and interviewing eyewitnesses.
To establish liability, your attorney identifies all potentially responsible parties—such as the truck driver, trucking company, cargo loader, or vehicle manufacturer—and determines how their negligence contributed to the crash. This often involves examining driver logs, maintenance records, and company policies to uncover violations of federal and state trucking regulations.
In addition to proving fault, your lawyer works to maximize your compensation by building a comprehensive claim for damages. This includes current and future medical expenses, lost income, reduced earning capacity, property damage, and pain and suffering. Your attorney may consult with medical experts, accident reconstruction specialists, and financial analysts to support your claim’s value.
A New Hampshire Truck Accident Attorney is Standing By
If you or a loved one has been injured in a truck accident in New Hampshire, you are not alone. A trusted personal injury lawyer can ensure your rights are protected. Don’t delay, call today.