Robert Sauer, a resident of Fort Myers, died and his wife Marilyn is in critical condition after the SUV in which they were traveling collided with a dump truck. Mr. Sauer was attempting to make a left turn while traveling east, as the dump truck, driven by Elijah Vandermark, was traveling west. Because of the collision of the two vehicles, the dump truck flipped onto its passenger side, landing on top of the SUV. Mr. Sauer died at the scene, while Mr. Vandermark was unhurt.
Who is liable?
When a truck collides with another vehicle, the result is all too often death or catastrophic injury. If you suffered injuries in a trucking accident, even one at low speed, the consequences could affect you for the rest of your life. If negligence was a factor in the accident, it is vital that you receive full compensation to help you take care of the hospital bills, lost wages and other expenses. Trucking accident claims can be more complex than the typical car vehicle accident because of the extent of injuries and the number of parties that can be involved in a lawsuit. Other than the truck driver, it is possible for the car driver to seek recovery from other parties who may have caused or contributed to the accident, including:
- The truck driver. If the truck driver drove carelessly, had a blood alcohol concentration of 0.04 or more, or was otherwise in breach of his duties, he or she may be liable.
- The trucking company. Trucking companies are subject to a host of federal regulations, such as rules limiting the hours a truck driver can work without a break, and rules requiring regular vehicle maintenance and inspection. If the trucking company is in breach of its federal duties, it may be liable for the accident. Likewise, the trucking company may be liable under other tort laws.
- The manufacturer of the truck. If a defective vehicle design or part caused the collision to occur, the manufacturer may be liable under products liability laws.
- The truck’s maintenance or repair facility. Often an independent facility performed repairs or maintenance on trucks. The facility could be liable if they performed these services negligently and it caused or contributed to the accident.
Get the right representation
Trucking accident attorneys experienced in dealing with insurance companies can better handle truck accident claims. If you were in a truck accident, arrange a consultation with a knowledgeable Manatee County truck accident lawyer.