After a collision with a commercial truck, many people wonder if the trucking company can be held legally responsible. The answer often depends on legal factors, including liability, negligence, and federal trucking regulations. Understanding your rights in these cases is essential, as these accidents can lead to serious injuries and complicated claims. Legal options may be available if the driver was at fault or the company failed to maintain safety standards.
When Is a Trucking Company Liable?
A trucking company’s liability isn’t automatic after every accident. The truck accident attorneys at Walton Law explain that you may be able to sue if the driver performed job-related duties at the time of the crash. The company might not be held responsible if the driver used the truck for personal reasons. According to Walton Law, common grounds for having a trucking company liable include:
- Failing to maintain vehicles properly
- Violating safety regulations or hours-of-service limits
- Providing inadequate driver training or failing to conduct background checks
- Allowing or encouraging unsafe driving habits
- Overloading trucks or failing to secure cargo properly
If any of these forms of negligence contributed to the accident, the attorneys at Walton Law note that you may have a valid legal claim against the company.
What to Do Following a Truck Accident
Building a solid legal case following a truck accident requires taking the right actions immediately.
- Seek medical attention for any injury, no matter how small it seems.
- Report the accident to law enforcement to ensure an official report is prepared.
- At the site, collect evidence such as pictures, witness contact details, and information about the involved automobiles.
- Notify your insurance company, but avoid making statements about fault without legal advice.
- Preserve all evidence, such as medical records, repair bills, and receipts related to the accident.
From Claim to Lawsuit
The procedure begins with submitting a claim to the transportation company’s insurance. This claim should detail your injuries, losses, and the compensation you seek. The insurance company may offer a settlement, but initial offers are often too low. If negotiations stall, you can file a formal lawsuit in court.
Building a strong case requires thorough investigation, including reviewing driver logs, maintenance records, and company safety practices. Both sides exchange evidence during “discovery,” and your attorney may negotiate for a fair settlement. The matter goes to trial if no resolution is reached, and a judge or jury will decide who is liable and how much harm was caused.
Proving Negligence
To succeed in your lawsuit, you must prove that the trucking company’s negligence directly caused your injuries. Evidence such as maintenance logs, driver records, witness statements, and accident reconstruction reports can be critical. An accomplished lawyer can assist in obtaining and skillfully presenting this proof.
Compensation You May Recover
Truck accident victims may pursue damages for:
- Medical expenses
- Lost wages and reduced earning capacity
- Property damage
- Pain and suffering
- Punitive damages for serious misconduct can occur occasionally.
Deadlines and Legal Guidance
Each state has a statute of limitations for filing truck accident lawsuits, ranging from one to three years. Timely action is crucial since failing to meet this deadline may result in the loss of your entitlement to damages.
In Conclusion
Suing a trucking company after a collision involves more than proving the driver was negligent. Liability can extend to the company for issues like poor maintenance, unsafe policies, or negligent hiring. Each case requires a close look at the facts and applicable laws, including both state rules and federal trucking regulations. If you’ve been involved in such an incident, understanding the legal framework can help determine your next steps and whether a claim against the company is justified.
(DISCLAIMER: The information in this article does not necessarily reflect the views of The Global Hues. We make no representation or warranty of any kind, express or implied, regarding the accuracy, adequacy, validity, reliability, availability or completeness of any information in this article.)