When Is the Trucking Company Liable?

The trucking company may be liable for an accident whenever their employee causes an accident in the scope of their job. If a trucking company representative’s negligence contributed to the accident, the company may also be liable for a victim’s damages.

Truck accidents often cause disabling and life-threatening injuries. Some accidents cause victims to pass away. In either case, victims deserve compensation that reflects the nature of their accident-related damages. A truck accident lawyer will seek such fair compensation for you.

You Can Hold Trucking Companies Liable When Drivers Cause Accidents

Truckers are an essential feature of the transportation industry and the economy, but they are not perfect. Truck drivers sometimes engage in acts that directly lead to accidents, which can involve violating traffic laws or trucking safety regulations.

Some examples of truck driver negligence include:

Driving while distracted
Driving while tired, under the influence of alcohol or drugs, or while impaired in other ways
Speeding, an act that causes thousands of victim deaths each year
Tailgating, which is especially dangerous because large trucks take longer to stop than lighter vehicles
Driving too fast on dangerous roads or weather conditions
Passing when it is dangerous to do so
Veering out of one’s lane
Running red lights and stop signs

Truck drivers must also ensure that their vehicle is in good condition and that cargo is loaded and stowed properly. Driving a truck comes with great responsibility, and truckers must always abide by their duties.

When truck drivers are negligent, trucking companies can be vicariously liable for any resulting harm, even if the company was not negligent itself.

A Trucking Company’s Negligence Can Also Cause Accidents

Negligence Can Also Cause Accidents Trucking companies are in a complicated business where lives are at stake. If a trucking company does anything to contribute to an accident, they are undoubtedly liable for victims’ damages.

Some common examples of negligence by trucking companies include:

Using Outdated or Unsafe Vehicles

Vehicle defects present an obvious risk for truck accidents. If a trucking company fails to inspect, service, and replace its trucks as necessary, it endangers the lives of its drivers and those they share the road with.

Hiring Unqualified Employees

A trucking company must only hire employees who:

Display the necessary skills to drive trucks and handle other job-related responsibilities
Are in good health
Have all the necessary credentials to occupy their position
Show a willingness to follow instructions, abide by laws, and respect industry regulations
Are drug and alcohol-free

If a trucking company falls short in these or other safety-related areas, you can hold it negligent.

Failing to Properly Train Drivers and Other Employees

While truck drivers and employees may undergo extensive training before joining a trucking company, they may require further instruction. If a trucking company fails to provide training to reduce the risk of a truck accident, this can qualify as negligence.

Failing to Discipline and Monitor Drivers

Trucking companies must monitor drivers and other employees to ensure:

They are abiding by the law
They are not engaging in high-risk behaviors like speeding
They are not using alcohol, illicit drugs, or prescription drugs in a way that endangers themselves or others
They are alerting the trucking company to vehicle-related problems

If a trucking company does not monitor its employees or take appropriate discipline against employees that endanger others, it has failed in its duty of care.

Fostering a Dangerous Company Culture

Safety must be paramount in any trucking-related organization. When trucking companies explicitly or implicitly condone (or encourage) corner-cutting and other risky behaviors, they endanger accident victims like you.

How to Seek Fair Compensation for a Truck Accident

Seeking Compensation If you suffered any harm because of a trucking accident, seek fair compensation.

The two primary ways of obtaining compensation for a truck accident are:

Insurance claims
Lawsuits

A truck accident lawyer can determine which course of action makes the most sense. Your lawyer may begin by filing insurance claims and can eventually advise you to sue liable parties.

Why Might I Sue a Trucking Company (or Another Liable Party)?

A truck accident victim may choose to sue a trucking company or other liable parties because:

The liable parties lack valid insurance (though this may be unlikely, as trucking companies often have high-value insurance policies)
Insurance companies allege that you were the one who caused the truck accident
Coverage limits on insurance policies do not adequately cover your accident-related losses
Insurance companies refuse to offer a fair settlement

Having a lawyer means you don’t have to worry about case strategy. Your lawyer will seek a fair financial recovery and inform you if a lawsuit is necessary for your case.

Should I Hire a Truck Accident Lawyer?

Truck accidents can leave the victim facing immense psychological and physical pain. The demands of an insurance claim are highly distressing, which is one critical reason to hire a truck accident lawyer.

Other reasons to hire an attorney include:

The financial support a law firm will provide, as it will pay the entire upfront cost of completing your case
The experience a lawyer brings to your case
The legal knowledge and training truck accident lawyers possess
The freedom your lawyer provides for you to focus on recovery
The potential for a lawyer to file a lawsuit and take your case to trial, if necessary

Your health may demand that you clear your schedule, including outsourcing case-related responsibilities to a proven law firm. Your case may be stronger because a lawyer has the experience, resources, and time to build a credible claim or lawsuit.

Two Truck Accident Case Types a Lawyer Can Help You With

Truck accident attorneys generally represent two classes of clients:

Clients injured during a truck accident
Clients who have lost a loved one from fatal injuries from a truck accident

Many personal injury lawyers also handle wrongful death lawsuits. When seeking a lawyer, you should ask each firm whether they handle your specific case type. Find a law firm with extensive experience representing clients in circumstances like yours.

Recoverable Damages for Truck Accident Victims

Your legal team will create a detailed, personalized record of your accident-related damages.

This record will include documentation of all your damages, and those damages may include:

Pain and suffering: As an accident victim, you can seek compensation reflecting physical pain, emotional anguish, psychological distress, and other types of pain and suffering.
Medical expenses: You are entitled to fair compensation for emergency services, medical imaging, surgery, doctor visits, and other accident-related medical services. If you need rehabilitation, your lawyer will include rehab-related costs in your case.
Lost income: Injured accident victims often face lost income, diminished earning power, lost bonuses, lost benefits, and other professional damages. Trust your lawyer to evaluate the cost of these damages and seek fair compensation from liable parties.
Vehicle repairs: If your vehicle was damaged during the truck accident, your attorney will calculate the cost of repairing or replacing the damaged vehicle.
Other property expenses: You may also deserve compensation for temporary transportation, replacing damaged personal items, and other property-related expenses.

When you endure a truck accident, there is a significant chance you will suffer psychological and emotional wounds. If you pursue treatment for your pain and suffering, your lawyer will factor treatment costs into your case.

How Victims of Fatal Truck Accidents Suffer

Large trucks account for an outsized amount of fatal traffic accidents.

If you are affected by a fatal truck collision, your lawyer will measure the toll of your and your loved ones’ damages, which may include:

Your and the decedent’s pain and suffering
Any grief counseling, medications, or other treatments you need to ease pain and suffering
Loss of the decedent’s contributions to their household
Loss of the decedent’s financial support
Funeral and burial expenses
Loss of spousal companionship
Any other economic or non-economic damages resulting from the fatal truck accident

Experienced wrongful death lawyers understand the deep, wide-ranging harm that results when an accident victim passes away. Allow your attorney to demand justice for your damages.

Services You’ll Receive from Your Truck Accident Lawyer

Collecting Evidences Truck accident lawyers relieve their clients of all case-related duties.

You should expect your lawyer and their team to:

Secure evidence from the truck accident: Expect your lawyer to obtain any evidence that benefits your case, including witness accounts and traffic camera footage. Your lawyer’s investigation can’t wait, so don’t wait to hire your attorney.
Obtain evidence from the trucking company: Your attorney may need to obtain evidence from the trucking company, such as black-box data, work logs, and camera footage of the truck’s cab. The trucking company may resist providing such evidence, so your lawyer may need to take legal action to secure the evidence.
Document all of your accident-related damages: Medical records, invoices for vehicle repairs, and expert testimony may be among the documentation your lawyer uses in your case. Your legal team will work with doctors and any other experts who can substantiate your damages.
Set clear settlement expectations: After evaluating your existing damages and considering future harm, your lawyer will calculate a precise settlement figure. Your legal team may consult numerous experts to calculate your case value.
Negotiate with liable parties: Whether insurance companies, a trucking company, or other parties are responsible for your accident-related damages, your lawyer will meet with them to secure a fair settlement. Liable parties usually want to pay as little as possible to a truck accident victim. Your attorney will present all relevant evidence and documentation and insist on a fair settlement.
Handle any necessary lawsuit or trial: When trucking companies and insurers refuse to pay victims fairly, lawsuits become necessary. Your lawyer will advise you whether filing a lawsuit makes sense.

All options are available when you trust a truck accident lawyer to lead your case. Your attorney can file a lawsuit against liable parties, and those liable parties will know it. This may give your attorney leverage during settlement negotiations.

If a lawsuit or trial becomes the right option for your case, you want an experienced, trained, proven attorney leading the way.

The No-Risk Fee Structure, Your Truck Accident Lawyer, Will Offer

The weight of medical bills, lost income, and other financial pressures may lie heavily on your shoulders after a truck accident. Truck accident attorneys know this, so they offer a fee structure that works to their client’s benefit.

When you hire your lawyer for a contingency fee, you:

Don’t pay any upfront or out-of-pocket fees to the firm
Rely on the firm to cover every case-related expense
Only grant your lawyer a fee if they negotiate a settlement or win a judgment

This fee structure offers several clear benefits:

You have no direct financial liability for the cost of your case
Your law firm only receives a fee if it wins, so there is a direct financial incentive for you to succeed

Contingency fees are standard practice for truck accident lawyers. Take advantage of this no-risk fee structure to get legal help without stressing about the cost of your case.

I’m Considering Handling My Own Truck Accident Case, What Should I Know?

Some people are the type to do everything themselves, but handling a truck accident claim should be an exception.

You should think long and hard about handling your own claim or lawsuit because:

Truck accident cases often come with high financial stakes, as victims frequently suffer severe injuries with a lofty price tag
The trucking industry is ruled by complicated regulations, and understanding these regulations may be important to your case
You may not have the time, energy, or patience to mount a winning case
It is difficult to measure the value of prior experience with truck accident cases (which your lawyer should have in spades)

An attorney will serve as your trustworthy advisor, legal servant, and a second set of eyes through which to view your case.

Hire Your Truck Accident Attorney as Soon as Possible

Daniel Aizenman, Truck Accident Attorney — Daniel Aizenman Truck Accident Lawyer

Your attorney must obtain evidence of negligence and file your case before the statute of limitations expires. Hire your personal injury lawyer as soon as possible.