Should I Sue the Company Responsible for My Truck Accident?

While all traffic accidents are stressful, large truck crashes are undeniably among the most devastating. The situation can be even worse in cases where the truck is fully loaded — they can weigh up to 40 tons — or moving at high speed. According to the Federal Motor Carrier Safety Administration (FMCSA), 114,000 trucks were involved in injury crashes in 2020, and 160,000 people were injured in these accidents.

People involved in semi-truck crashes often endure severe or fatal injuries, and many don’t know who caused the wreck or how they’ll collect compensation. Between filing your truck accident claim, determining liability, and negotiating with insurance and trucking companies, it can be a complex landscape to navigate.

Our commercial truck accident attorneys will put their experience, resources, and knowledge to work and conduct thorough investigations to determine the cause of your accident. After an in-depth analysis of the evidence and facts of your case, it may be concluded that the trucking company and other parties may be responsible for the crash instead of just the truck driver. 

Whether multiple parties are independently or jointly liable for your truck accident and injuries, our attorneys will guide you through the process and fight for you every step of the way. 

How Is Truck Accident Liability Determined?

A truck accident can leave you with many questions. What should I do after a truck accident? Who is responsible for the crash? Can I sue a trucking company?

Truck accident cases can be incredibly complex. 

Determining liability can become a logistical nightmare, and the case can become even more complicated due to the possibility of multiple parties — including the truck driver, the loading company, mechanics, the trucking company, and the truck or parts manufacturer — being responsible for the crash. While each semi-truck accident case involves unique issues, to prove liability, four basic elements must be present in your case:

• Duty of care. The defendant must have owed you a duty of care. This is the legal obligation that people must adhere to a standard of reasonable care while performing acts that could potentially put others in harm’s way, like driving a truck.
• Breach of duty. The defendant’s actions or omissions constituted a breach of that duty — meaning something they did or didn’t do put you in danger.
• Causation. That breach was responsible for the accident and your injuries.
• Damages. You suffered harm due to the defendant’s breach of duty.

Why Are Investigations Important in Tractor-Trailer Accident Cases?

Collecting the evidence needed to establish who bears responsibility for a truck wreck can prove vital to filing your insurance claim or personal injury lawsuit. Working with an experienced truck accident lawyer offers you the best chance of finding and reviewing relevant evidence to put together a compelling claim.

The truck accident lawyers at Nix Patterson understand that the key to recovering the legal resolution you deserve is to conduct a thorough investigation and gather as much evidence as possible to establish liability. This can include the following:

• The police report from the crash
• The trucker’s driving record
• Witness statements
• Traffic camera footage and other video surveillance footage from nearby businesses or homes
• The truck’s electronic logging device
• The truck’s “black box”
• The trucking company’s records and policies
• Truck maintenance records
• Expert reports
• Shipper documents
• The truck driver’s cell phone records

Collecting the evidence needed to sue responsible parties after your truck accident can be complicated, and much of it is often in the hands of the trucking company. In some cases, it is common for the parties involved to conveniently misplace or “lose” evidence. It is best to seek the help of an experienced truck accident lawyer as soon as possible to identify what evidence will help and obtain it from the other parties involved.

When Are Trucking Companies Accountable After a Semi-Truck Crash? 

All commercial motor vehicles are subject to state laws and regulations to ensure the safety of all road users. However, some truckers and trucking companies deliberately break these laws to cut costs and maximize profits.

While there are a few exceptions, you can sue a trucking company in many cases if the truck driver was their employee. Under the “respondeat superior” doctrine, a trucking company is responsible for its truck driver’s actions.

In addition to being held accountable for their truck driver’s negligent actions or omissions, trucking companies can also be held accountable for their own negligence. Examples of instances of negligence on the part of trucking companies include:

Dangerous Policies

Despite stringent federal laws, some trucking companies set their schedules in ways that encourage their drivers to speed or continue driving despite reaching their daily limit. A trucking company that enforces dangerous policies may bear responsibility for resulting accidents.

Negligent Hiring

Dangerous drivers, including those with driving violations, a lack of proper qualifications, or a record of aggressive driving, pose a significant hazard to all road users every time they set out. A trucking company that fails to adequately screen drivers or continuously monitor their driving record may also bear responsibility after a truck accident.

Inadequate Inspection and Maintenance

Trucking companies must inspect and maintain trucks in their fleet to meet vital safety standards. They must also keep a record of the inspection and maintenance schedules. When a trucking company neglects critical inspection and maintenance on its trucks, it may bear responsibility for an accident.

Inadequate Training and Oversight

Poorly trained truck drivers lack the experience and skills to handle large trucks, increasing the likelihood of a tragic crash. Drivers must receive satisfactory training, and the trucking company must ensure they have adequate training and experience before sending them out. Trucking companies that neglect to scrutinize their truckers’ driving records or send them out before receiving adequate training may bear responsibility for truck wrecks.

What Can You Do Next? Contact Our Truck Accident Attorneys for Assistance

You should not have to bear the consequences of a negligent trucking company’s poor or reckless decisions. If you have suffered because of a truck accident and are wondering if you can sue a trucking company, please turn to the truck accident lawyers at Nix Patterson to find out what steps you can take towards restitution. 

Backed by decades of experience going up against trucking companies, the resources to conduct thorough investigations, and a track record of recovering billions of dollars for clients, we can determine what party to sue and the best course of action. 

Contact us now at 512-328-5333 for a free case review.