Yes, you can sue a trucking company for an accident, but it depends on specific circumstances. Trucking companies can be held responsible if they contributed to the accident through negligence, such as poor vehicle maintenance, hiring unqualified drivers, or violating safety regulations.
However, these cases are often complicated. They tend to involve multiple parties, such as the truck driver, the trucking company, and even manufacturers of defective parts.
If the trucking company’s negligence played a role, holding them accountable can help you secure compensation for medical bills, lost wages, and more.
Our truck accident lawyers in Lafayette have the information you need to know about when you can sue a trucking company, why these cases are unique, and what steps you should take to protect your rights.
When Can You Sue a Trucking Company?
You can sue a trucking company when they are found to be at fault for the accident, either directly or indirectly. This fault often stems from negligence, which means failing to take reasonable care to ensure safety.
Here are some common examples:
- Negligent Hiring Practices: This might happen when the company hires a driver without proper qualifications, training, or a valid commercial driver’s license (CDL).
- Improper Vehicle Maintenance: Trucking companies are required to keep their vehicles in a safe working condition. Failing to repair brakes, tires, or other essential components could make them liable.
- Violation of Federal Regulations: Companies must comply with safety rules set by the Federal Motor Carrier Safety Administration (FMCSA). For example, allowing drivers to exceed legally permitted hours behind the wheel can lead to fatigue and accidents.
- Failure to Train Drivers: If the company didn’t provide adequate training to its drivers, they may be responsible for the resulting accident.
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Who Else Might Be Liable in a Commercial Trucking Accident?
In a commercial trucking accident, liability can extend beyond the truck driver and trucking company. Multiple parties may share responsibility depending on the circumstances. While you can sue the trucking company after an accident, there are some others who might be liable:
- Cargo Loaders: If improperly loaded or secured cargo shifts during transit, it can cause the truck to lose balance or spill onto the roadway.
- Truck Manufacturers: Defective parts, such as faulty brakes, tires, or steering mechanisms, can lead to accidents. Manufacturers of these parts may be held accountable.
- Maintenance Providers: If a third-party company is responsible for maintaining the truck and fails to perform necessary repairs or inspections, it could be liable.
- Contracted Drivers: Independent contractors operating under another company’s authority may share responsibility if their negligence contributed to the accident.
- Government Entities: Poorly maintained roads, unclear signage, or other hazardous conditions caused by government negligence could make them partially responsible.
- Third–Party Drivers: Other drivers on the road who acted recklessly or negligently may also contribute to the accident.
Because commercial truck accidents often involve multiple parties, it’s essential to conduct a thorough investigation to determine all liable entities and hold them accountable.
Why are Truck Accident Cases Different?
Pursuing a claim against a trucking company requires a thorough investigation and knowledge of federal trucking laws. And that’s because truck accident cases are more complicated than typical car accidents for a few key reasons:
Well-Funded Trucking Companies and Their Legal Teams
Trucking companies often have substantial resources, including skilled lawyers and aggressive insurers, dedicated to minimizing or denying claims. Facing these well-funded entities without legal support can be overwhelming and may jeopardize your ability to secure fair compensation.
Preservation of Evidence
Trucks are equipped with “black box” data recorders that store critical information like speed, braking, and hours driven. Most commercial trucks now also have video of both the driver and the roadway. Accessing this data quickly is essential, as it may be lost or overwritten.
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What Should You Do After a Truck Accident?
Taking the right steps after a truck accident can protect your legal rights and strengthen your case. Here’s what you should do:
- Get Medical Care: Even if you don’t notice any immediate symptoms, some injuries can take time to appear. Seeing a doctor ensures your health is prioritized and creates important medical records for your claim.
- Document the Scene: Take photos of the vehicles, road conditions, and any visible injuries. If there are witnesses, collect their contact information.
- Avoid Speaking to the Trucking Company or Their Insurer: Anything you say could be used to weaken your claim. It’s best to consult an attorney before discussing the accident.
- Preserve Evidence: Request that the trucking company preserve all relevant evidence, including maintenance records and black box data.
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How Can Legal Help Make a Difference?
Filing a lawsuit against a trucking company is rarely straightforward. Their legal teams and insurers will work hard to minimize or deny your claim. That’s why having experienced legal representation on your side is crucial.
Since 1996, Galloway Jefcoat has been helping Louisiana residents turn wrong into right. We understand the challenges truck accident victims face and are committed to fighting for your much-deserved compensation.
Contact us today for a free consultation to learn how we can help you move forward.
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