Following a trucking accident, you can file a claim or lawsuit to recover damages if you are not the responsible party. Due to the complex nature of commercial trucking accidents, it is sometimes difficult to determine who should be the defendant in a case. To help you determine who is responsible, here are some possible defendants to name in your lawsuit.  

The Trucking Company

Although the trucker is the obvious choice for the defendant, he or she might not be solely legally responsible for paying your damages. If the trucker is employed, you can also hold the company responsible. An employer is usually considered liable for the actions of its employees. 

It is important to note that if the trucker is an independent contractor, the trucking company might not be responsible for his or her actions. Independent contractors are generally regarded as responsible for their own actions. To determine if the company is also liable for the damages you suffered, you need to review the agreement between the company and the driver and consider the details of your case. 

The Government

Depending on the circumstances of your case, it is possible that the government could be held partially or fully responsible for the accident. If the accident resulted from an issue, such as broken traffic signal or bad roads, it is possible that the government entity that is responsible for maintaining the roadway is liable for the damages. 

For instance, if the trucker hit your vehicle on a state highway because construction work on the roadway was not properly identified for the public, you could file a claim against the state. You could argue that by not posting signs identifying the construction, the trucker did not have the information needed to proceed through the area properly, which led to the accident. 

The Goods Supplier

State and federal laws require that goods suppliers provide truckers with the information needed to safely transport goods. If a supplier fails to do so, it could potentially be held responsible for an accident that occurs.  The goods supplier could also be liable if it failed to properly load the goods on the truck. A mistake, such as improperly balancing the goods, can cause the truck to swerve or tip over. 

An experienced truck accident attorney (such as one from Scherline And Associates) can help you decide whether or not you need to take action against one party or pursue damages from several parties.