While there are different reasons to sue a trucking company, the most common is after a truck accident. More often than not, commercial vehicle accidents are more than fender benders. With the weight and size of 18-wheelers and other trailers, they have the potential for serious damage.
In order to recover the compensation you deserve and maximize your settlement, who do you sue? When you work with an 18-wheeler truck accident attorney, you have someone to guide you through the process.
As your attorney investigates your case, they determine who is liable. When you know who bears liability for your accident, you know who to hold accountable. In truck accidents, this includes truck drivers, trucking companies, mechanics, manufacturers, and more.
With the right attorney on your side, you have someone to explore every avenue of liability to maximize your settlement.
Dangers in the Trucking Industry
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What causes commercial truck accidents? With such impactful devastation, what do trucking companies do to prevent them? When they fail to prevent them, how do you sue a trucking company?
Unfortunately, the reality of the trucking industry is quite sobering. On a regular basis, thousands of drivers operate trucks that weigh upwards of 75,000 pounds. Too often, these companies force drivers to work under conditions that drive them into fatigue and exhaustion.
In doing so, they put every motorist on the road at risk.
As such, it’s important to look at the root of the issue. Oftentimes, these drivers work under poor conditions due to unfair agreements. This causes them to haul freight across the country against federal regulations.
Why do they do this? Typically, drivers only receive pay according to the number of miles they drive. Moreover, this pay-per-mile structure is all too common for new and inexperienced truckers.
Unfortunately, it also means truck drivers don’t receive pay for the essential work that doesn’t happen on the road. Whether they cut corners in maintenance or loading, this pushes them to stay behind the wheel.
For drivers, this means they actually lose money on certain days, building a sense of desperation. It’s a vicious cycle, and the impact extends to everyone in their path. When the potential result of this cycle is a fatal collision, it amounts to extremely harmful negligence.
Suing a Truck Driver
In someone cases, it’s not possible to sue a trucking company. Let’s not get ahead of ourselves, though.
Oftentimes, people first consider the truck driver. This is because they have direct involvement in the accident. Moreover, when a driver’s negligence causes you harm, it’s safe to assume you hold them accountable. Whether from reckless driving or distracted driving, the driver is the one who changed your life.
However, there’s a good chance the driver does not have the funds to reimburse your expenses following a truck accident. Oftentimes, medical bills alone amount to more than what a single person can cover.
Typically, though, your attorney negotiates with the driver’s insurance company. The state of Texas requires truck drivers to hold insurance, after all. However, this may leave you only able to recover certain types of damages. In some instances, this excludes damages such as mental anguish.
As such, to maximize your settlement, many commercial truck accident lawyers recommend that you sue a trucking company as well as its driver. Generally speaking, the company and its insurance provider have deeper pockets. Unfortunately, they also fight much harder.
When Can I Sue a Trucking Company?
If it seems the truck driver bears the liability in your accident, you might find it strange to sue a trucking company. However, this is often your best option to gain the compensation you deserve.
Still, when you have the option to sue the company depends on the employment status of the driver.
- Employee
- Independent contractor
To some, these sound the same. However, companies often use “independent contractors” to avoid liability. While it’s not always legitimate, it provides a barrier against liability in accidents in some cases.
Drivers as Employees
When it considers the driver an employee of the business, it’s possible to sue a trucking company. If the company controls the work of the driver, they are an employee. This includes control over what they do and how.
- Schedules
- Number of hours
- Vehicle maintenance
- Training
When an accident happens within the normal scope of a driver’s work, it’s possible for the trucking company to be liable. Because the company is responsible for the driver, they share responsibility for the accident.
However, when the accident occurs outside of the driver’s scope of work, the company bears little to no responsibility. For example, a driver might deviate from their schedule due to an emergency or use the truck for non-work reasons.
In these cases, it’s possible their actions fall outside the scope of their employment at the time of the accident.
Drivers as Independent Contractors
When a driver is an independent contractor, there’s less opportunity to sue a trucking company. Typically, independent contracts constitute self-employment. From a technical standpoint, this leaves the contractor with more freedom to work for other companies.
For example, perhaps the driver works a few hours each week for one trucking company and splits the rest of their time with other companies. In such a case, it’s difficult to claim that one company in particular is responsible for the driver.
However, some companies abuse the “independent contractor” status to limit their liability. In these instances, the company claims not to control a driver’s schedule but maintains strict policies on how they operate.
Trucking Companies & Negligence
It’s possible to sue a trucking company when they display negligence aside from the behavior of their driver. Below, we look at a few situations in which the company potentially shares some fault in the accident.
Negligent Hiring
The hiring practices of any company are important. However, who a trucking company hires has a direct impact on the safety of others. It is the duty of the company to employ drivers able to safely perform the job.
When a trucking company knowingly hires a driver with past violations or a lack of qualifications, it’s possible to hold them liable. Moreover, when a company does not practice due diligence in background checks, they endanger everyone on a negligent driver’s route.
Inappropriate or Poor Training
Additionally, trucking companies have the responsibility to properly train their drivers. Any driver employed by a company needs to know their equipment as well as the rules of the road. When a company fails to provide proper training, it often leads to negligent actions.
If a negligent driver causes you harm due to poor training, it’s possible to sue a trucking company.
Falsified Documents and Service Logs
One of the main causes of commercial truck accidents is driver fatigue. When trucking companies allow or encourage drivers to maintain two logs, they act recklessly.
If a fatigued driver causes an accident during hours they shouldn’t be working, it’s possible to file a claim against the company.
Lack of Maintenance for Trucks
Trucking companies have a responsibility to maintain their fleet of vehicles. To ensure the safety of others on the road, trucks need to be in proper condition. If a company fails to maintain or repair a truck and causes an accident, that leaves it open to liability.
With the many nuances of liability in these cases, it’s essential to work with a skilled truck accident attorney. After a commercial truck collision, your lawyer is your advocate. They work to investigate your claim as you focus on recovery.
As your lawyer reviews the details of your claim, they explore every avenue of liability. Let your advocates determine whether to a sue a trucking company. Trust that they will work to maximize your settlement and strive for the compensation you deserve.
Do You Need to Sue a Trucking Company?
Truck accidents have the potential to devastate someone’s life. In the aftermath of an accident, it’s common to feel overwhelmed. Your mind wants to focus on recovery. Unfortunately, the mounting expenses grow to be too much.
When you work with a personal injury law firm, you engage advocates to fight on your behalf. As you rebuild your life, your attorney fights to attain the resources to move forward. To do so, we investigate your claim to determine liability. From there, we negotiate your settlement to ensure it covers your current and future needs.
When you need to fight for a better future, schedule a free case evaluation with a legal team you can trust.
