This is the next post in my series on the handling of Laredo, Texas accidents involving a commercial semi-truck. My last article provided an overview of topics which this series will be addressing. It also stressed the need to speak with a personal injury attorney if you or a loved one have been injured. It is important that you speak with counsel sooner, rather than later, in order to ensure that your rights remain fully protected. In this article I will discuss a topic which can complicate such matters – the need to identify all potential defendants. If you require assistance then contact my office today to speak with a lawyer.
Laredo trucking accident victims may be able to bring a claim against multiple defendants
Accidents which involve commercial vehicles, such as semi-trucks, can implicate multiple defendants. This is due to the fact that employers are generally considered liable for the acts of their employees. In other words, if an employee commits an act of negligence and injures someone, then the employer can also typically be sued for negligence. If the “employer” is a company then, depending on the circumstances, it may be possible to bring an action against both the company and the owner of the company. As an example, if the driver of a commercial truck ran a red light and caused an accident, then it may be possible to sue the driver, the company that owned the truck/employed the driver, and the individual owner of the trucking company (if the owner is not a publicly traded corporation).
It is also important to understand that the employer of a truck driver may be liable for causes of action which extend beyond the driver’s negligence. This is due to other failures which may fall squarely on the employer. Take the example given above. Now say that the employee/driver of the truck had previous work-related incidents and that the employer had no procedures for ensuring that their drivers were practicing proper safety protocols. Under this scenario, it may be possible to sue the company for negligent hiring and supervision, in addition to suing the company for the driver’s underlying negligence.
The causes of action available to a Laredo defendant will always depend on the facts of the situation. It is, therefore, important to speak with counsel as soon as possible.
Laredo trucking accident victims must quickly identify all possible defendants
If you or a loved one have been in an accident then it is important that you contact an attorney as soon as possible. If the truck is owned by a company with a complicated corporate structure then, possibly, you may need to name several defendants in the case. Identifying all of these defendants can take a significant amount of time. Under Texas’ statute of limitations, however, a defendant must be named in a lawsuit within two years. If this two year limitation is missed then a victim will lose their right to recover from that party. By retaining counsel sooner, rather than later, you help ensure that all of the defendants are identified in a timely manner.
I am a Laredo trucking accident lawyer who believes that everyone is entitled to quality representation. My office prides itself on providing quality representation and we are ready to assist you. Contact us today.