Can You Sue a Trucking Company?

July 1, 2022 | By AP Law Group
Can You Sue a Trucking Company?

Many truck accident victims are eligible to sue a trucking company. This may be the case if the truck driver responsible for an accident is employed by the trucking company or if other representatives of the trucking company were negligent (in a way that contributed to the collision). You may not need to sue, though. Trucking companies often have insurance policies with high coverage limits, and an attorney may convince liable insurers to cover your losses. Whether you sue or get justice through the insurance claims process, allow an attorney to help. They will use their skill, experience, resources, and legal training in your favor.

Trucking Companies: Often Liable for Their Employees’ Actions

Because drivers and other employees represent a trucking company, the company may be liable when one or more of those employees contribute to an accident. Each case warrants close examination to determine if the trucking company shares liability for the collision. If the trucking company proves to be liable, you may:
  • File a claim with the trucking company’s insurer, as trucking companies must have significant coverage for both victims’ bodily injuries and property damage
  • Sue the trucking company, which may be one of multiple defendants you’re eligible to file a lawsuit against
In most cases, an investigation reveals that human error is the cause of a truck accident. However, collisions can also result from defective vehicles, dangerous cargo trailers, unsafe roads, pedestrians’ negligence, and other hazards. In such cases, liable parties can include:
  • The manufacturer of any negligent equipment, including trucks, that contribute to an accident
  • Any municipality that failed to ensure safe roads (which includes functioning traffic signals, clear lane markings, all necessary signs, and an absence of potholes and other blemishes on driving surfaces)
  • Any other party whose negligence factors into a truck accident
Someone has to pay the cost of your accident-related damages. It’s just a matter of your attorney determining who bears the financial responsibility. Allow an truck accident attorney to make this determination by hiring them as soon as possible.

How Trucking Companies’ Employees May Contribute to a Collision

Trucking companies are often complex operations. Instances of negligence anywhere within these operations can lead to collisions, either directly or indirectly. Some examples of negligence-related breakdowns—and parties who may be responsible for them—within trucking companies include:

Careless Hiring Practices

The Federal Motor Carrier Safety Administration (FMCSA) outlines the most basic guidelines for hiring truck drivers, which dictate that the driver must be:
  • 21 years of age or older
  • Able to speak and read English
  • Properly licensed
  • Able to pass a driving test
  • Physically capable of doing the job
Trucking companies must meet these basic standards, but they must also consider other criteria. For instance, a driver should be psychologically and emotionally stable, free of dangerous alcohol and drug use, and committed to safety in all aspects of their job. While hiring mistakes may be inevitable in some cases, your attorney will identify any such mistakes that contributed to your accident. Those mistakes may qualify as negligence and make the trucking company liable for your damages.

Inadequate Training 

It’s not enough for trucking companies to merely hire employees (including drivers) who appear fit and qualified. Those companies must also train drivers effectively, specifically in regards to:
  • How to operate the specific vehicles the company uses
  • The importance of safe driving
  • The consequences if the driver fails to operate the vehicle safely, obey road rules and laws, violate industry rules and regulations, or refrain from dangerous drug or alcohol use
First and foremost, a trucking company must prioritize the importance of safety. If it fails to emphasize the driver’s duty to protect others on the road, the company may have failed in its training duty.

Driver Error

When truck drivers engage in dangerous actions or make a mistake, their employer can be liable. Your attorney will need to evaluate the specific details of your accident to establish if this is the case. Some driver actions that can lead to collisions and injuries are: Trucks are far more difficult to operate than the standard passenger vehicle. They require more clearance to turn, take longer to stop, and require greater strength to maneuver. These realities are further reasons for truck drivers to be hyper-cautious anytime they’re behind the wheel.

Defective Equipment

Trucking companies are responsible for their equipment. Many have a dedicated service department that must:
  • Regularly inspect trucks, cargo trailers, and other equipment used in the course of business
  • Monitor the status of trucks on the road and respond appropriately when defects arise
  • Effectively repair trucks and other equipment that becomes defective
  • Recommend that the company replace equipment that is no longer safe to use
If your truck accident attorney discovers that defective equipment contributed to your accident, they may find that one or more trucking company employees were responsible for the defect.

Hiring an Attorney Should Be One of Your First Steps After a Truck Accident

Accident victims have a lot on their mind. Most do not have the legal background, time, or clear head to sort out liability for their accident. They don’t generally have the ability to handle the demands of a lawsuit, either. Allow a lawyer to take over your case because:
  • Your recovery should take up most of your attention: Many truck accident survivors suffer far worse than soreness. You may have one or more injuries, and those injuries may not heal properly unless you put your all into recovery. An attorney will take care of your case so you can take care of yourself.
  • Attorneys have the training to capably lead claims and lawsuits: A lawyer’s background, including their training and experience, prepare them for your case. Dissecting insurance policies, determining fault and liability, and handling any necessary lawsuit will be no issue for an experienced lawyer.
  • Law firms have resources that may directly contribute to victory: Truck accident attorneys are generally part of a team. That team may include paralegals, case managers, experts, and even other lawyers who contribute to their cases. These and other resources (including financial investment) may be critical assets for you and your case.
  • A helping hand can only benefit you after a truck accident: Many accident victims merely need someone who has their back, offers moral support, and protects them during an extremely difficult time. A truck accident lawyer will do this and much more.
You should not wait to hire your lawyer. Cases like yours have many time-sensitive aspects, potentially including a filing deadline if you choose to sue.

Consider the Potential Scope of Your Case—It Could Be Quite a Fight

It can be a costly mistake to underestimate how challenging a truck accident case can be. Some of the most notable difficulties you might face include:
  • Insurers’ bad faith: Insurance companies sometimes decide they don’t want to pay what a claimant is owed. They may use several methods as they try to avoid paying, and those methods can be obvious or subtle to the claimant. An attorney will certainly recognize such bad-faith tactics, and they will protect your case from them.
  • Trucking companies’ lawyers: Whether or not insurance companies act in good faith, a trucking company’s attorneys will be tasked with defending the trucking company. This can be yet another obstacle your attorney will be prepared to overcome.
  • The potential destruction of evidence: A trucking company may be a defendant you sue. It may also have evidence that benefits your case against them. Your lawyer will act quickly to secure all evidence related to your accident, including evidence it must get from a trucking company.
  • The drawn-out nature of some truck accident cases: The timeline for each truck accident case is unique and independent. That said, some truck cases take time. Your lawyer will be prepared for however long your case takes, and they’ll be just as tenacious at the end as the beginning.
You won’t have to face these or other challenges if you let an attorney fight for you. Furthermore, an attorney may find these challenges far less daunting than you will, as they have probably encountered them before.

If Necessary, Your Attorney Will File Suit Against a Liable Trucking Company

There’s a possibility you receive all the compensation you are eligible for through one or more insurance claims. You may not need to file a lawsuit against anyone. However, lawsuits are not rare following trucking accidents. You might sue because insurance companies handle your claims in bad faith or for other reasons. Your attorney will prepare a strategy for you that, in their belief, gives you the best chance to secure fair compensation. Some ways a truck accident lawyer may get justice for their client include:
  • Negotiating insurance settlements, which may come from your insurer, a truck driver’s insurer, a trucking company’s insurer, or other liable insurance providers
  • Negotiating a settlement after filing a lawsuit, as it’s often in all sides’ interests to settle before a trial begins
  • Convincing a jury to pay their client fairly, which means the case goes to trial and the attorney is victorious
Trials tend to be more expensive, labor-intensive, and time-consuming than the other options. This is why truck accident lawyers generally try to negotiate a fair settlement for their client. That said, if trial is the right option for you, a good attorney will not blink.

More You Can Expect from Your Lawyer and Their Team

Should you decide to hire a lawyer after your truck accident, they will be responsible for the entirety of your case. Some of the ways that lawyers help survivors like you are:

Using Evidence to Establish Fault for the Truck Accident

Your legal team will pursue evidence that proves who caused the accident, and this evidence may include:
  • Testimony from experts who understand trucking industry regulations, road rules, the responsibility of municipalities to maintain roads, or have other relevant expertise
  • Video footage of the accident
  • Data from a truck’s black box
  • Your testimony about the accident
  • Witness testimony about the accident
Evidence can come from many different sources, even including a liable trucking company. Your attorney must secure this evidence as soon as they can, especially considering that the trucking company may try to dispose of evidence that helps your case.

Formulating a Personalized Case Plan (Which Could Involve Suing)

Your attorney will weigh insurance policies, evidence, your damages, and all other information that can affect a legal strategy. They will then propose their strategy for securing fair compensation. This strategy may or may not include suing right away, and the strategy can change as the circumstances of your case evolve.

Documenting All of Your Damages

If an attorney does not prove their client’s losses, they can reasonably expect insurance companies to refuse to pay for those losses. Your attorney and their team will gather any healthcare records, financial documents, expert testimony, and other relevant proof of accident-related damages.

Seeking a Fair Deal

Your lawyer will likely seek a fair settlement from liable insurers, which may include the trucking company’s insurance provider. Legal measures can be necessary. This may include suing a trucking company or other liable parties. Attorneys are generally prepared for this possibility and ready to file a case on their client’s behalf.

Damages Your Attorney May Include in Their Settlement Demands

The unusually violent nature of many truck accidents can cause serious injuries, which often produce:
  • Physical pain, emotional anguish, psychological distress, and other types of pain and suffering
  • Medical expenses
  • Caregiver services
  • Mental health services
  • Lost income
  • Property costs, often including vehicle repairs

A Truck Accident Attorney is Standing By

Lawyers are paid to account for all of their client’s damages, and that’s what your attorney will do. Do not wait to find your lawyer, as truck accident cases generally have several time-sensitive aspects, and a delay can prove costly.