Can I Sue a Truck Driver’s Company in an Accident?

After you are injured in an accident with a commercial truck, you may have the right to seek compensation for your economic and non-economic injures through a personal injury insurance claim or lawsuit. It is the same type of personal injury claim you would pursue if you were hit by any other motorist. However, there will be substantial differences between a truck wreck case and a car crash case. Accidents with semi-trucks require more in-depth investigations and can become very complex.

To navigate the complications of a truck accident, contact our experienced at Studinski Law, LLC. We are here to protect your rights, guide you through the legal process, and strive to gain you the maximum compensation possible for your injuries. Call us today at (715) 343-2850.

Differences Between Vehicle and Truck Accidents

There are a number of key differences between a personal injury claim after a car accident versus a truck accident. An experienced personal injury attorney will investigate a truck accident differently than a personal vehicle collision. There is much more documentation and data to review to determine what caused the crash. Since motor carriers must follow many federal laws, there are strict recordkeeping requirements too. Trucks are also sophisticated vehicles and have a “black box” full of electronic data similar to airplanes. Your attorney will want to review those records to help determine fault and liability for the crash.

Liability for the accident and your injuries is also more complicated in a truck accident than an ordinary car crash. The person who was actually negligent and caused the accident may not be the party liable for compensating you. Since many truckers are employees, it is the employers who may be responsible.

Additionally, since truck accidents are often more complicated than the average vehicle collision, they may require more expert witnesses. To prove negligence and liability in your case, you may need engineering, mechanical, electrical, trucking, and accident reconstructionist experts.

Determining Liability for a Truck Accident

The cause of a truck accident and liability for it may not be straightforward. When you are injured in an accident with another car, it may be easier to determine liability. You will often pursue a claim against the driver of the car – or the owner, if the driver was not the vehicle owner. With a truck accident, the matter of liability is more complicated. There are many factors you need to investigate to determine who was negligent and who is liable to compensate you for the injuries caused by that negligence.

Your personal injury attorney will investigate:

• The trucker’s professional and personal driving history
• The trucker’s commercial driver’s license and endorsements
• The trucker’s mental state at the time of the crash
• The truck’s physical condition at the time of the accident
• The truck’s repair and maintenance history
• Whether the truck was properly loaded
• Whether the truck was within the legal size and weight limits
• Whether the trucker and motor carrier were adhering to all state and federal regulations, including hours of service rules

Pursing Compensation After a Truck Accident

After you have been injured in a truck accident, you may seek compensation through an insurance claim or personal injury lawsuit. If you move forward with an insurance claim, then you will likely file a claim against the trucking company. While the crash may have been caused by the truck driver, if they are an employee, then you will seek compensation from their employer. In general, employers are responsible for their employees’ actions while at work. A motor carrier is responsible for the actions of its truck driver’s while they are on the job.

If neither the trucker nor their employer were responsible for the crash, then you may need to file a claim against another party’s insurance.

You may also need to file a personal injury lawsuit to pursue compensation. If the truck driver was at fault, then you may sue their employer. Depending on the outcome of your attorney’s investigation, you may also sue other parties, such as the maintenance provider, loader, or a parts manufacturer.

Let Our Personal Injury Lawyers Help You

Determining legal liability for your injuries caused in a truck accident can be complicated. To learn who is at fault and responsible for compensating you, it is best to work with a skilled and experienced truck accident attorneys. At Studinski Law, LLC, we have years of experience investigating and litigating truck accident claims. We are prepared to get to the bottom of what happened to you and where you should turn for a financial recovery. In many situations, you will file suit against the truck driver’s company. However, each case requires a specific investigation and analysis to determine the proper parties. Liability will depend on the specific circumstances surrounding the accident that hurt you.

Call us today at (715) 343-2850 to schedule a time to discuss your situation.