Serious truck accidents are happening with increasing frequency on the country’s roads. First, the booming American economy and the rise of online shipping mean there is more truck traffic than ever on the highways. These massive vehicles are often driven by inexperienced operators under a great deal of pressure from their employers to get the job done quickly. The truck driver is foremost concerned with making the delivery on time, and they may cut corners in a way that jeopardizes your safety.
If you have been involved in a truck accident, chances are that you have suffered serious injuries. When someone else was the cause of your injuries, they may owe you a substantial amount of money. However, your check only comes at the conclusion of a lengthy and difficult legal process, where you are forced to take on the trucking company and its insurance carrier. The key is knowing exactly who was to blame for the truck accident, and you have the evidence to prove their fault. Hiring a truck accident attorney is the first step you can take in the process because they can handle all the important details of your case.
If you have not yet begun to think about the legal process, now is the time to do so. The first step towards potential financial compensation for your truck accident injuries is to call an experienced attorney to represent you. The insurance company will never take you seriously when you try to deal with them directly. A considerable amount is at stake, including your financial future, so you must pull out all the stops to put yourself in the strongest possible position. It costs you nothing upfront to get a truck accident lawyer in Booneville working on your side.
You Can Go After the Trucking Company When Their Driver Was to Blame for the Crash
If you have suffered an injury in an accident with a truck driver, you may be wondering how you can reach their employer’s assets in a lawsuit. There is an operative principle in personal injury law known as respondeat superior. This term is Latin for “let the master answer,” and it is a type of vicarious liability.
When a company employs a worker, there is a legal relationship between the two entities. Essentially, the two become the same entity for purposes of liability. So long as the truck driver is acting within the scope of their employment, their employer will be liable for any negligent acts committed on the job.
If the truck driver is operating the vehicle on behalf of their employer, the trucking company will be liable for whatever happens. The only times that a trucking company may not be liable is when the truck driver was operating the vehicle for their personal usage, or they committed some type of intentional wrongdoing on the job, such as homicide (the trucking company would still be liable for drunk driving because that is considered a reckless act and not an intentional one).
However, if you have been injured in a truck accident, you can assume that the real party in interest will be the trucking company. Your truck accident attorney can confirm this based on your circumstances.
You Need to Prove Negligence to Hold the Trucking Company Responsible
Accordingly, your case will usually center on whether the truck driver was negligent in the events surrounding your accident. Your truck accident lawyer will apply the standard legal analysis as any other type of personal injury case. Essentially, you have to prove that the truck driver did something that an ordinary reasonable operator would not do under the circumstances.
Some examples of things that a truck driver may do that can be considered negligence include:
- Traveling over the speed limit or too fast for the circumstances
- Not properly checking blind spots before changing lanes
- Failure to stop in time to avoid hitting your car from the rear
- Not slowing down approaching a curve and rolling their truck over or causing a jackknife accident
- Not seeing your car at all because the truck driver was not paying attention to the road (perhaps because they were on their phone)
- Losing control of their truck because they did not have the proper amount of rest
You Must Have Evidence to Prove Negligence
You have the legal obligation to prove that the truck driver was responsible for what happened. In a truck accident case, it is not what you know happened, but rather, the success of your case depends on what you can prove. In other words, you need to present evidence of the truck driver’s actions as part of your claim or lawsuit.
If you have filed a case in court, you have additional chances to obtain evidence in the trucking company’s hands through the discovery process. They may have certain records that are crucial to your case, such as maintenance records or data from the truck’s black box.
No matter what stage of the case you are in, your truck accident lawyer should have the resources to gather and present evidence to insurance companies, in settlement negotiations, or in court.
The Trucking Company Itself Might Have Engaged in Wrongdoing
There are times when the trucking company’s own actions, instead of the driver’s, can be the basis of their liability in the case. Sometimes, the driver did not necessarily do anything wrong, yet a truck accident still happens due to company negligence.
One example of trucking company negligence is failing to properly maintain its trucks. Federal trucking regulations require a trucking company to only put roadworthy vehicles onto the highways, so it has an affirmative obligation to maintain its trucks.
A trucking company may try to cut corners to save money on maintenance. For example, they may try to get more mileage than is safe from a truck’s tires, knowing that each one costs nearly $1,000 to replace. Then, the truck driver may lose control in a tire blowout, which even the most experienced truck driver may not be able to properly handle.
The Trucking Company Might Have Negligently Hired or Retained a Driver or Third Party
Trucking companies can also be liable for negligent hiring and retention. They can be responsible regardless of whether the truck driver was an independent contractor or an employee. The trucking company has an obligation to closely screen whoever they allow to drive trucks in the fleet. They must review the driver’s safety record and ensure that they have adequate training and licenses to do their job.
If a driver is doing any type of work for them, the trucking company must also terminate the operator if they are proving to be a safety hazard. If the trucking company fails in these basic duties, they can be legally responsible for your injuries.
The trucking company can also be liable under the same legal theory if they outsource any work to third parties who cannot do the job properly. For example, smaller trucking companies may not have the resources to do their own maintenance on their trucks. They may hire a third party to perform inspections and maintenance.
Similarly, a third party may load the cargo onto the truck. The trucking company cannot avoid legal responsibility because it has chosen to outsource key functions that it would otherwise perform itself.
You Can Obtain Evidence Directly from the Trucking Company in a Lawsuit
Because the truck vastly outweighed your car, you have likely suffered significant injuries. The trucking company likely has more substantial insurance coverage than the individual driver or other involved third parties.
Federal trucking regulations require that the trucking company carry at least $750,000 in insurance coverage to pay for any damages. In reality, commercial insurance companies do not write policies for less than $1 million. The trucking company is wise to have even more coverage than that because they can be personally liable for the excess damages that their driver causes you. If you can prove company liability, that coverage should apply to your extensive losses.
Even if the trucking company does not have enough insurance coverage to cover your losses, the extra money might come directly from its assets. Chances are much greater that a transportation company will have assets to cover a judgment than individual drivers.
Always have a skilled truck accident lawyer evaluate your options for claims against liable parties. They can then handle the insurance claims or lawsuits against the trucking company when appropriate.
Your truck accident attorney will build the strongest case possible against the trucking company. For example, evidence may show a culture of wilful noncompliance within the company, which can potentially result in a punitive damages award against the trucking company if your case eventually ends up going to trial.
There have even been instances in which trucking companies have been put out of business entirely because angry juries have handed down so-called nuclear verdicts. These verdicts occur when juries see a high degree of callousness and lack of regard for your safety. Juries may assess punitive damages awards that greatly outweigh the amount of compensatory damages they need to pay you.
While you do not necessarily go into a claim wanting to put a company out of business, your goal should be to collect full compensation for your losses. In many cases, this can mean going after the trucking company’s insurance coverage or assets, and your truck accident attorney can provide the guidance you need during this process.
You May Also Sue Other Parties in a Truck Accident Lawsuit
The trucking company is not the only possible defendant in your case. There might be multiple other parties who may be to blame for what happened to you. The truck itself might have been the cause of the accident because the brakes, or another truck part, were defective. Then, you can sue the manufacturer or seller of the truck in a product liability lawsuit. You might even sue a broker or shipping agent who played a part in directing the truck driver.
Your truck accident attorney will investigate your accident to determine who may have been at fault for what happened. One key to maximizing compensation is to identify all sources of liability. In a truck accident, there can be many. This is only one factor that makes truck collision cases so complicated, requiring an experienced attorney.
Once your truck accident lawyer has the evidence that they need to prove liability and damages, they will file a claim or lawsuit against the responsible party or parties. This step is just the beginning of what can be a lengthy case. Your truck accident lawyer will put legal pressure on the responsible party to force them to pay for your damages entirely.
With the right representation, investigation, and foundation for your case, you have a good chance of your lawyer negotiating a fair settlement with insurers. If this happens, you can settle the matter without going to court. You always have the option of taking your case all the way to a jury, which might be appropriate if you do not receive a fair offer or if punitive damages might apply, which is rare.
Your truck accident lawyer will weigh your options to ensure you receive the compensation you deserve.
You Need to Hire a Truck Accident Attorney Immediately
It takes time and work for your truck accident attorney to hold all the responsible parties accountable for your injuries. Thus, you need to get legal help as soon as possible after the accident so they can begin their work. All it takes is a phone call or email to be in touch with an experienced truck accident lawyer who can fight for you.
It does not cost you anything upfront to get assistance from a tough attorney who can fight for you to get every dollar you deserve in a settlement. Finding the right personal injury attorney for the job is imperative. Schedule your free consultation today to start protecting yourself and your future.
