Who Is the Plaintiff in a Trucking Accident Case?

When you are in a trucking accident, you may have injuries and need to pay for your medical bills, lost wages when you can’t do your job, and other expenses. But how do you know if you are legally entitled to file a lawsuit? We look at the role of the plaintiff.

What is a Plaintiff?

To understand if you are legally entitled to file a lawsuit, you need to understand the roles in a lawsuit. The roles in a lawsuit are:

Parties

A legal party is one side in a lawsuit, and parties can be few or many. Usually, a party is an individual suing another individual. However, parties are sometimes organizations or corporations. For example, if you sue a corporation, the parties involved could be you, the corporation, and the corporation’s insurance agency. An insurance agency is often involved as a party because individuals, corporations, and organizations rely on insurance agencies to pay for any damages.

Complaints

A complaint, also called a petition, is the initial pleading that starts lawsuits. The plaintiff’s complaint states the reason for the court’s jurisdiction, the basis for the claims, and the demand for relief. In the complaint, the plaintiff states basic facts and legal issues for the court. The plaintiff then explains to the court what they need the court to do.

Plaintiffs

The plaintiff is a party that brings a civil lawsuit to a court. Other names for plaintiffs are petitioners or complainants. Plaintiffs bring their civil lawsuits called complaints against other parties called defendants. An example of a plaintiff is an individual, organization, or corporation that brings civil lawsuits against another individual, organization, or corporation.

Defendants

The defendant is the party a plaintiff sues. Defendants are also called respondents. They defend themselves against the complaints the plaintiff brings against them. A defendant is an individual, organization, or corporation.

Who Can Be a Plaintiff in a Trucking Accident?

The people who are plaintiffs in a trucking accident are usually individuals. An example is a driver who is the victim of a trucking collision. Any passengers, the vehicle occupants of a vehicle can also be plaintiffs. Pedestrians or bicyclists who are affected by trucking accidents are plaintiffs. For family members whose loved one died in a truck accident, the surviving family can sue for wrongful death as plaintiffs. In some cases, the driver who causes the accident can be a plaintiff. For example, the driver causing the accident can bring a complaint against the company that manufactured the truck if there were manufacturing defects in the truck that caused the accident.

Identifying Plaintiff Status

Not everyone can be a plaintiff. Plaintiffs must meet certain requirements. To know if you are a plaintiff, you need to establish if you are eligible. You must meet criteria such as standing to sue, capacity to sue, and other reasons for suing,

Standing to Sue

When a person or organization goes to court, they must have a “standing to sue.” A standing to sue is the plaintiff showing they have the right to bring a lawsuit. To have standing, plaintiffs need to show the defendant’s actions hurt or harmed them in a manner the court can remedy.

Capacity to Sue

Capacity to sue is a person’s or organization’s ability to bring a lawsuit. Age, mental competence to understand what is happening in the court, and their legal status. For example, children cannot sue because they are too young but a legal guardian can help them act as plaintiffs in court.

Proper Venue and Jurisdiction

To qualify as a plaintiff,  individuals or organizations need to file in the right jurisdictions and venues. A jurisdiction is the court’s authority to make decisions and judgments. An example is that not all cases can be tried in federal courts but must stay in state or local courts. A trucking accident lawsuit would be tried and judges in civil court. Venues are based on where the trucking accident or other issue occurred and, usually, where the plaintiff lives.

Statute of Limitations

In civil cases, plaintiffs should make claims within the legal time limit. These legal time limits are called statutes of limitations (SOL). After the legal time limit, a plaintiff doesn’t have the right to pursue damages. This varies from state to state. For example a trucking accident injury lawsuit in Seattle, Washington has a statute of limitations capped at three years from the injury date, according to RCW 4.16.080.

Subject Matter Jurisdiction

When you go to court, you must use one with the right topic locale. The judicial system has many different courts, and plaintiffs must choose the court to address their specific complaint. Different courts take different case types, which are their topic locales. Examples are criminal, family, and civil courts. A trucking accident would be heard in civil court because, usually, a trucking accident is a non-criminal matter where recoverable compensation is to be awarded. An exception to this scenario is if a driver is driving under the influence (DUI), which is a criminal matter. In this case, the state or local government would prosecute the criminal case. A plaintiff seeking remedy would sue in civil court.

Exhaustion of Administrative Remedies

Exhaustion of administrative remedies applies when you are dealing with a governmental agent such as a trucker working for a government agency. Plaintiffs if they are dealing with a governmental agency must first pursue the agency’s available remedies before seeking a court lawsuit.

Prayer for Relief

Prayers for relief are parts of a plaintiff’s complaint where the plaintiff states the damages or other remedies they are seeking from the court in their lawsuit. Another term is demand for relief. There are two relief types, special prayer and general prayer. A special prayer is a specific relief a plaintiff claims as part of their lawsuit. Relief in special prayers is damages, injunctive relief, and attorneys’ fees. In contrast, a general prayer is an unspecified request for other relief the court thinks the plaintiff is entitled to. In civil courts, a court is not limited to granting the relief a plaintiff requests and can go above the relief a plaintiff requested.

Understanding the role and criteria for a plaintiff in a trucking accident is essential to your case. At the Trucking Law Office, we are here to inform and help. Contact us today.