Who Can You Sue for a Trucking Accident in Delaware?

In 2022, the state of Delaware reported 2,180 traffic crashes involving trucks and commercial vehicles. Given the size and weight of commercial trucks, truck accidents often result in serious consequences ranging from catastrophic injuries and property damage to loss of life.

Because these accidents tend to be more severe than passenger vehicle crashes, it’s particularly important for accident victims and their families to fight for the maximum amount of accident-related compensation afforded to them under the law. Let’s take a closer look at some of the parties who may be found liable for traffic accidents involving trucks and commercial vehicles, and discuss the role an experienced truck accident attorney can play in helping you fight for compensation.

Why are truck accidents legally complex?

In a standard passenger vehicle crash, liability tends to be straightforward: One or both drivers will be deemed liable for causing the crash. Trucking accidents, on the other hand, often involve multiple parties who may or may not be considered liable, including the truck driver, the trucking company, the owner of the vehicle, maintenance contractors, and even truck manufacturers. Depending on the facts of a case, any and all of these parties may bear some degree of responsibility for a crash, so it’s important for injured victims to identify anyone who may have played a role.

In addition to the challenges associated with determining liability, truck crashes can become legally complicated due to the fact that many trucking companies have iron-clad insurance policies and corporate lawyers on their side. These companies and their representatives are known for using aggressive defense tactics.

To counteract these strategies, victims of truck accidents should consult with an experienced Delaware truck accident lawyer as soon as possible after a crash. A skilled attorney can help you gather critical evidence, navigate the claims process, and stand up to the pressure tactics and insidious strategies trucking companies may use to avoid liability.

Who can be held liable after a truck crash?

As discussed above, liability for trucking accidents may be shared by multiple parties in certain situations. Understanding exactly who might be considered liable for an accident is an important first step in determining the right course of action in an accident case and may set accident victims up to recover compensation from multiple parties. Some of the parties who might be deemed liable for a trucking accident include:

The truck driver

Perhaps the most obvious party to consider in a truck accident claim is the truck driver. If a driver’s negligence causes a crash, they will likely be considered personally liable for any damages they cause. Drivers might be considered negligent if they:

• Failed to check their blind spots
• Drove under the influence of drugs or alcohol
• We’re texting and driving
• Violated hours-of-service regulations
• Got behind the wheel while fatigued
• Failed to adhere to established traffic laws
• Improperly loaded or secured their cargo

If a driver engaged in any of these behaviors or was otherwise negligent, they may be subject to claims of liability.

The trucking company

In some cases, the trucking company’s own negligence is a contributing factor to a crash. Corporate negligence in a truck accident case might look like a trucking company that:

• Hired an unqualified or unsafe driver
• Failed to provide adequate driver training
• Encouraged or required drivers to violate safety regulations
• Did not perform required vehicle maintenance or inspections
• Enforced unsafe or unreasonable policies around scheduling or delivery deadlines

If a trucking company encouraged or allowed unsafe practices or failed to exercise sufficient oversight with respect to the actions of their employees, they may also be expected to compensate victims for any harm caused by their drivers.

The truck owner

Sometimes, the truck being driven is not owned by the driver or the trucking company in question. If a trucking company leased a vehicle from another business or individual and it is determined that the truck was defective or poorly maintained in some way, the owner of the truck may be considered at least partially responsible for a resulting crash.

Cargo loaders

Improperly loaded or unsecured cargo is a common cause of commercial trucking accidents. If an accident is caused by cargo being loaded or secured improperly, the third-party shipping company or cargo loading team responsible could be held liable for any resulting injuries. These companies are required to follow specific federal regulations when loading and securing freight and may open themselves up to legal consequences if they fail to do so.

Maintenance and repair contractors

Similarly, if a company outsources vehicle maintenance to a third-party contractor, that service provider may be deemed responsible for any accidents that occur due to known or preventable mechanical failures.

Truck and parts manufacturers

Even careful drivers can fall victim to accidents due to mechanical failures or vehicle defects. If a malfunctioning brake, steering mechanism, tire, or other part fails during operation, the manufacturer may be liable for damages under negligence and breach-of-warranty theories (Delaware does not recognize strict products liability for sales of goods).

What kinds of damages are available for trucking accidents?

If another person’s negligence causes you to be involved in a trucking accident, you may be entitled to compensation for any harm you suffer. In Delaware, there is no cap on economic or non-economic damages in truck accident claims (unless against a government entity), so victims and family members can pursue the full amount of damages they are owed.

In trucking accidents, victims may be within their rights to recover compensation for things like:

• Medical bills
• Rehabilitation costs
• Lost wages
• Reduced capacity to work
• Pain and suffering
• Emotional distress
• Property damage

A knowledgeable attorney can help assess the full value of your claim and ensure no potential avenue for recovery is overlooked. Even if this requires filing claims against multiple responsible parties, an experienced lawyer can work with you to build the strongest possible case for compensation.

Additional legal considerations in trucking accidents

If you’re considering taking action against a truck driver, trucking company, vehicle manufacturer, or other responsible party following a trucking accident, there are a few other things to bear in mind. First, Delaware follows a modified comparative negligence rule. That means that if you are found partially at fault for your accident, the final amount of compensation you receive may be reduced by a percentage commensurate with your level of fault.

Second, Delaware gives victims two years to file accident claims in most cases. This makes it especially important to work with a legal team that understands the nuances associated with trucking accidents so no valuable time is wasted once you’re ready to file a claim.

Final thoughts

Trucking companies and their insurers know how to fight claims and work hard to minimize payouts. Their teams are usually willing to do whatever it takes to protect their bottom lines without showing genuine care or concern for you and your family.

At Silverman, McDonald & Friedman, we understand the complexities of truck accident claims and are committed to helping clients identify all liable parties in their case. Whether you are looking for support while negotiating with insurance companies or need a trusted lawyer to represent you in court, we know exactly what it takes to help accident victims fight for their rights.

If you’ve been hurt in a commercial trucking accident in Delaware, give us a call today or fill out our contact form to schedule a free consultation. We proudly serve clients in Wilmington, Newark, and Seaford, and would be happy to help you fight to hold all responsible parties accountable in your truck accident case.