Starting a truck accident lawsuit in Washington already comes with a variety of challenges, even for the simplest case. However, when there are multiple liable parties in truck crashes, this becomes even more complex.
If you have sustained any physical injuries or property damage as a result of trucking company negligence, you need to hire a truck accident attorney in the state of Washington. At Henderson Taylor Law Firm, our team of truck accident attorneys has handled hundreds of truck accident cases across Washington, providing legal strategies for complex truck claims.
Keep reading to find out how joint liability and truck accidents work and how to find out who is responsible for a semi-truck crash.
Who Can Be Sued For a Washington Truck Accident?
If you are ready to begin filing a claim after a truck accident, the good news is that multiple parties can be held responsible. This is the case for any kind of accident claim, as it is always possible that there are multiple people at fault for how the accident occurred.
However, when it comes to commercial truck accident claims, there are specific parties that may be held responsible, such as:
- The driver: In many cases, the truck driver will have some form of liability as they were the ones operating the vehicle. They may have been operating the truck recklessly, ignoring traffic laws, or did not follow trucking regulations.
- Trucking company: It is very common for the trucking company to also hold a measure of fault, depending on the situation. The trucking company may have failed to provide proper maintenance, did not train the driver, or encouraged the driver to exceed the number of hours they are allowed to drive at a time.
- Vehicle manufacturers: In less common situations, the manufacturer of the truck may also be held responsible for the accident. This can be the case if the accident was partially caused due to things like defective components, faulty tires, malfunctioning brakes, etc.
- Cargo loaders: Cargo loaders are a third party that handles the job of loading the semi trucks before transportation. If loads are not handled correctly, this can result in truck instability, overloading, or unsecured cargo.
Besides these specific commercial truck-related parties, you could also file a claim against other motorists who were partially to blame.
How Shared Liability Works in Washington
Washington State uses joint and several liability in truck accident cases involving multiple parties. When this is the case, a certain percentage of fault will be assigned to each responsible party, which will impact the compensation they are liable for. Because of this, it is very likely that you will be able to receive a much larger settlement in cases involving multiple defendants.
Keep in mind that the investigation process of proving shared liability can be much more extensive. This is because significant proof will be needed to accurately prove who was at fault and what percentage of fault they hold.
Here is an example of the type of evidence that will be used to establish liability and your right to receive compensation:
- Black box data: This will help to provide speed tracking, braking history, and driver hours.
- Police and accident reports: These reports will include evidence gathered at the scene, witness statements, and officer observations.
- Truck records: Maintenance and inspection truck records can establish whether or not the truck was maintained and if it had any mechanical issues.
- Medical records: Your medical records will help to establish the extent of your damages, which will impact your right to conversation.
- Accident reconstruction: An expert can be used to reconstruct the events that led to the accident to better determine who was at fault.
- Expert witnesses: Truck collision experts can provide their expert opinion regarding how the accident occurred, which will help with assigning percentages of fault to the defendants.
- Witness testimony: Any witnesses who saw the accident occur will also be invaluable in providing their eyewitness account of how the accident occurred.
Understanding the Multi-Party Litigation Process
The litigation process for multiple liable parties in a truck crash can be quite overwhelming. Because of this, it is essential to hire a truck accident attorney as soon as possible so that you have legal representation.
From there, your attorney will help you gather evidence so that you can prove the extent of your damages and who was at fault. In the majority of multi-party truck accident claims, you will be filing against different insurance policies. That is why multi-party claims open the door to receiving a much higher compensation amount.
Your attorney will help you to determine the liable parties, create your claims, and negotiate with insurance carriers.
Hire an Experienced Truck Accident Attorney at Henderson Taylor Law Firm
Suing a trucking company and driver comes with a unique set of challenges, as you often have to deal with difficult insurance carriers. However, this becomes that much more complex when there are multiple liable parties involved.
At Henderson Taylor Law Firm, our experienced truck accident lawyers are committed to defending the downtrodden and helping our clients get the compensation they deserve. For expert legal representation from one of our attorneys, contact us today at 360-737-1478 or fill out our online form.
FAQ:
Who can I sue after a truck accident?
You can sue just about anyone who was involved and contributed to a truck accident in Washington. This includes entities like the trucking company, truck manufacturer, and cargo loader, as well as individuals, such as the driver or another motorist.
What happens if more than one party is at fault?
In the state of Washington, if more than one party is at fault for a truck accident, the fault will be assigned in percentages to the different defendants.
How long does a case with multiple defendants take?
There is no accurate way of estimating how long a joint liability truck accident case will take, as it depends on the situation and the contributing factors. In most situations, this can take anywhere between several months to a few years to be completed.