Several weeks ago, in Norwalk, Connecticut, a tractor-trailer flipped onto its side and skidded down Interstate 95 for approximately a quarter of a mile. The truck was carrying scrap aluminum, which was scattered all over the interstate. Traffic in all of the southbound lanes of Interstate 95 was shut down for four hours. The driver of the truck, Harry Myers, was injured, but not critically. Fortunately, no one else was hurt.
Authorities indicated that the hydraulic pump on the truck malfunctioned. It started to raise up the back of the truck, much like a dump-truck operates. In cases like this, and when individuals are unfortunately injured, our law firm receives many questions about the individuals or companies that might be responsible. This article is a short summary of companies and individuals that are often found to be responsible for such accidents. The list is not meant to be exclusive, but just to provide information about who might be liable for your injuries.
First and foremost, the actions of the driver of the truck in question should be examined. Very often, driver error, inattention, or other behavior, such as alcohol use, will be a contributing factor to the accident. Unfortunately, drivers may or may not be appropriately insured, and it is often important to look beyond the driver to be able to fully recover the damages to which you are entitled.
If the driver was driving the truck during working hours and for a work-related purpose, his or her employer could be liable for your injuries as well. The legal term for the employer’s responsibility for its employer’s actions is respondeat superior. There are exceptions for this liability, however. In order to ensure that an employer or insurance company does not claim these exceptions without an appropriate basis for doing so, it is important for you to retain an attorney experienced in these types of lawsuits. Defendants and their insurance companies will do everything they can to minimize payments to injured individuals. Because of this, you need someone in your corner doing everything they can to maximize the recover you receive.
The truck manufacturer and component part manufacturer may also be liable for your injuries. For example, in the case briefly discussed above, the manufacturer of the hydraulic pump that apparently caused the accident may be responsible. Depending upon the facts of the accident, the truck manufacturer itself might be responsible. For example, was the truck improperly assembled? With the sophistication of today’s trucks, it can be difficult to determine what component parts may have malfunctioned, and how, as well as how that contributed to the accident. Because of this, it is likely that an accident reconstruction expert will need to be retained. Retaining experts is expensive, and it can be very difficult to obtain the right expert.
Also potentially liable for a trucking accident are companies who own and/or serviced the truck in question. This may or may not be the same company as the driver’s employer. Trucks are subject to routine maintenance and inspection requirements under Federal Motor Carrier Safety Administration regulations. Reports are to be kept of such inspections. In an accident in which inadequate maintenance is suspected as the cause or a contributing cause, it is vital to obtain maintenance records.
For 75 years, Barrett Law PLLC has been representing individuals injured in car and truck accidents located in Mississippi and throughout the Southeast. If you have any questions, or sustained injuries in a truck-related accident, please contact us at (800) 707-9577 to set up a no-cost and completely confidential consultation.