A motor vehicle accident between a semi-truck and a passenger vehicle poses a unique set of issues. Semi-truck drivers are required to follow state and federal driving regulations, and they are also required to have insurance with higher payout limits than the average passenger vehicle. Also, in a case against a negligent truck driver, a personal injury attorney in Poughkeepsie may have a claim against multiple parties.

With all the unique issues present in these types of accidents, it is imperative that an accident victim seeks legal representation. An attorney in the area understands state and federal regulations and is better equipped to help the plaintiff reach a favorable settlement.

How State and Federal Regulations Play a Role

Owners, semi-truck drivers, and manufacturers of big rigs have state and federal regulations that they must comply with always. Things like how much weight the truck can carry to how long a driver can be on the road without rest are all covered.

After an accident with a semi-truck, a personal injury attorney in Poughkeepsie is likely to review state and federal regulations to see if there was any violation. Most likely an ordinance was violated in some way.

State and federal laws also require that truck drivers and their employers carry higher liability insurance policies than the average personal vehicle. However, a plaintiff can only collect to the maximum liability on the policy.

Multiple Defendants

In most semi-truck accidents, compared to passenger-on-passenger vehicle incidents, there is more than one defendant. When multiple defendants are named in a lawsuit, each may be responsible for a portion of the settlement awarded.

A personal injury attorney in Poughkeepsie will first review the facts of the case and determine which qualified third parties can be named in the suit and share responsibility. Not all cases qualify for multiple defendants, and sometimes it is not in the plaintiff’s best interest to name so many defendants. When it is unclear which defendant is responsible for what portion of negligence, it makes it difficult for a jury to award proper settlements.

What Multiple Parties May be Named in a Semi-Truck Lawsuit?

The additional defendants depend on the circumstances of the incident. Not all semi-truck accidents involve more parties. Some examples of potential third parties include:

  • The Truck Driver: Often the driver is the first individual named in these types of lawsuits. For the accident to occur, the driver acted negligently in some way. There are instances, however, where the driver may not be responsible.
  • Employer: If the employer forced their drivers to exceed hourly limitations set by the government, they could be considered liable. Also, if they failed to maintain their vehicles or improperly loaded the semi-truck, and that negligence led to the accident, they could be named in the suit.
  • Maintenance Crew: Those responsible for maintaining the safety systems on the truck could be named in the suit if they failed to perform their standard duty of care. For example, a maintenance team member improperly installed brake pads; forcing the truck to drive uncontrollably.