Third Party Liability in Truck Accidents | Staver
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Third Party Liability in Truck Accidents

Written by Jared Staver

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Jared Staver is a Personal Injury Lawyer based in Chicago, Illinois and has been practicing law for over 20 years.

Jared Staver

CATEGORY: Truck Accidents

When you are in an accident with a large truck, you know the damage can be devastating. You will also likely have significant medical bills, lost wages, and more that need to be covered. What you may not know is, there might be several liable parties that you can recover compensation from after a truck accident.

Who’s Responsible for My Truck Accident?

You may have multiple options for obtaining compensation from third parties after a truck accident. A “third party” is any person or company other than the victim that contributed to or caused the accident.

Some examples of third parties:

  • The truck driver
  • The truck driver’s employer
  • The owner of the truck
  • The trucking company
  • The truck manufacturer or assembler
  • The shipper or cargo loader
  • A vehicle mechanic
  • A faulty parts manufacturer

It’s important to name all possible parties and submit claims to everyone who could be responsible. If you leave anyone out, your truck accident lawsuit may be dismissed, or an insurance claim could be denied.

Third-Party Negligence in Truck Accident Cases

While truck accidents are usually the result of driver error, as are most motor vehicle crashes, several things could have led to your wreck, including failure to follow Federal Trucking Regulations. Any third-party negligence by a person or company can result in an unsafe truck.

Negligence is the failure to use reasonable care through action or inaction. For example, if a truck owner fails to properly maintain a big rig and part of it breaks, leading to a crash on the highway, the truck owner can be held accountable for the damages caused.

Truck Accidents Are Different

These cases are different than a typical motor vehicle crash between two small cars. In a truck accident, numerous third parties may be involved, and each of those third parties likely has separate insurance. Multiple insurance claims may be required, and an attorney can help you navigate the details.

Insurance policies for trucks and related companies usually have higher limits than passenger vehicle policies. Those insurance companies will fight hard to avoid paying what you deserve. To get enough to cover all your losses, you’ll need careful documentation around who’s involved, responsible for what, and maximum amounts possible.

Statute of Limitations for Third-Party Truck Accidents

Act fast after a truck crash. There is a deadline for when you can file a truck accident lawsuit.

The statute of limitations in Illinois for personal injury cases like these is two years from the date of the accident. There are a few exceptions. If you fail to file a lawsuit or complete a claim within that time, you may not be able to receive any compensation, no matter how strong your case is.

Filing a Third-Party Liability Claim

After a truck accident, you should call an attorney as soon as possible so they can get started. Some of the steps your attorney will take include:

  • Filing insurance claims with all involved third parties
  • Investigating the accident
  • Gathering necessary evidence to prove liability
  • Engaging in the discovery process of transferring information to and from the third parties
  • Filing your truck accident lawsuit and drafting necessary legal documents
  • Recruiting experts who will support your case
  • Attending court hearings and conferences on your behalf
  • Negotiating a fair truck accident settlement with the third-party insurance companies
  • Taking your case to court, if necessary

Keep in mind, not every step is required in every case. If your case reaches a fair settlement, then court will be irrelevant. But a lawyer can help ensure you are treated fairly, handle the stressful legal aspects of your case, and advise you when an outcome is the best possible result.

Call Staver Accident Injury Lawyers

At Staver, we have extensive experience handling crashes with large trucks. Our attorneys are successful with these cases because they have proven strategies that get clients the maximum compensation possible.

To learn more, call 312-236-2900 or use our online contact form to reach out for a free, no-risk consultation.

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(312) 236-2900
(312) 236-2900
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