Injuries by Tractor Trailers - Hidden Defendants
When someone in a small passenger car or other type of smaller vehicle is injured by a large tractor trailer it is easy to see if the truck driver and therefore trucking company is liable for the case by determining if they acted negligently.
Often there are other multiple parties or defendants that can also be brought into the case to be liable in addition to the negligent truck driver and trucking company. This not only brings more parties into the case to share in the responsibility of the collision to the injured victims, it also greatly increases the amount of money that can be paid to the injured victims or their family by increasing the liable parties and increasing the insurance coverage.
A truck driver that is negligent will make himself or herself liable in addition to the trucking company. If the collision was caused by a shifting load inside the trailer of the tractor trailer than in addition to the truck driver and trucking company the parties that loaded the trailer may also be liable. If the truck driver received the load from a warehouse and warehouseman other than parties that work for the trucking company misloaded the trailer causing the load to shift causing the collision then the warehouseman of that shipping company will also be liable in addition to the truck driver and trucking company.
Another example of bringing another defendant would be the difficult area of broker liability. A property broker acts as an intermediary between a party that wants goods and a party that can supply them. If the property broker contacted the trucking company and made the arrangements for the trucking company to deliver the goods and a collision occurred as a result of the negligence of the truck driver under certain circumstances the broker maybe liable in addition to the truck driver and trucking company.
If the tractor trailer is maintained by a third party company other than the trucking company then that third party maintenance company or mechanic maybe liable in addition to the negligent truck driver and trucking company. An example of this would be if the trucking company has tires placed on the tractor or trailer and the tires are defective then in addition to the truck driver, trucking company that should have inspected the tires, the third party maintenance company or mechanic maybe liable in addition to the manufacturer of the tires.
If a physician passes a truck driver medically to operate a tractor trailer knowing that there is a condition that could cause a collision such as a bad heart, uncontrolled diabetes, or uncontrolled seizures then the physician or the group the physician works for can be liable in addition to the truck driver that obviously would know the condition and the trucking company.
Although the negligence of the truck driver will make the trucking company liable as well, sometimes the trucking company is also liable under other theories such as negligent retention. Negligent retention would be when the trucking company knows of the propensity of the truck driver to be negligent, cause collisions and is not fit to drive a tractor trailer, if they retain his services anyway then they are liable for negligent retention.
Injured victims or their families if the injuries caused the injured victim to become deceased must make certain that they collect all of the damages they are due and that they bring in all of the negligent parties, not only as above listed but often times more under other theories. The hiring of a knowledgeable lawyer with experience in handling cases against negligent truck drivers, trucking companies and parties as indicated above is a must in order to make certain that all of the damages from your truck accident are recovered. If you or someone you know has been injured by a negligent truck driver, trucking company and other parties as listed above, contact Karns & Kerrison. The attorneys at Karns & Kerrison are experienced in handling cases against negligent truck drivers, trucking companies and other related parties. Karns & Kerrison will fully investigate the collision and make certain that all of the liable parties are brought into the case in order that they may pay the damages to the injured victims that the injured victims or their families are entitled to.