That depends on whom or what caused the accident. If a mistake made by the truck driver caused the accident, then you may be able to sue the truck driver directly. Independently contracted truck drivers usually have their own insurance carrier, but truck drivers often work for larger trucking companies that own multiple trucks. Truck drivers are responsible for driving their trucks safely, but trucking companies are also responsible for hiring drivers who have been properly trained to know how to drive a truck safely. If a trucking company hires a driver who does not have a special commercial driver’s license, then that company is breaking the law. If you get in an accident with that unlicensed truck driver, you have the right to be compensated for the trucking company’s mistake. You can sue the trucking company for failure to screen the truck driver’s credentials and experience.
If the tractor-trailer accident was caused by equipment failure, then you may be able to sue the manufacturer of the truck. If the truck malfunction was only to a specific part of the truck, such as the tires, you may be able to sue the manufacturer. This kind of lawsuit is called a product liability claim.
If the accident was caused by improper road maintenance, then you may be able to sue the owner of the private or public land for failing in their responsibility to keep the roads repaired. Every truck accident case is different. Our Denver truck accident lawyers can give you a free case evaluation to help you figure out who you should file a claim against to recover damages.