Can I Sue a Trucking Company for a Truck Accident?

You can sue a trucking company for a truck accident. However, without supportive legal services, it can be difficult to build a liability case against the person or party who is liable for your damages. Fortunately, a Lafayette truck accident lawyer can help you determine who should be held liable and build a strong claim for compensation.

With a skilled attorney by your side, you’ll have an excellent chance of receiving the damages you need to cover medical bills, repair your vehicle, and move forward with your life. Let’s take a closer look at suing the trucking company after a collision and how a lawyer can help you obtain fair compensation.

When You Can Sue the Trucking Company for a Truck Accident

Large trucks can cause serious harm in the event of an accident. According to the Insurance Institute for Highway Safety (IIHS), large trucks can weigh up to 30 times more than passenger cars, and a fully loaded tractor-trailer may need as much as 40% further distance to come to a stop.

Because of this, trucking companies must do everything in their power to ensure that their trucks are well-maintained, their drivers drive responsibly, and their cargo is safely loaded. Failure to do so could constitute negligence, which could lead to legal action.

You can sue a trucking company for a truck accident if:

• The company did not properly vet its drivers before hiring
• The company failed to properly train its drivers after hiring
• The company failed to ensure its drivers were alcohol and drug-free while driving
• The company pressured its drivers into violating the Federal Motor Carrier Safety Administration’s (FMCSA)Hours of Service Regulations
• The company violated the FMCSA’s rules regarding truck size and weight limits
• The company failed to properly service and maintain its vehicles

Holding the Trucking Company Accountable For Negligence in a Lawsuit

If your truck accident attorney determines that you can sue the trucking company for your truck accident, they will work to establish liability in your case by proving the company acted negligently. Demonstrating negligence means proving the following elements:

• The trucking company owed you a duty of care: This means the company has a legal obligation to ensure that its drivers were properly trained, vehicles were safely maintained, and operations complied with relevant regulations.
• The trucking company failed to uphold the duty of care: This means the trucking company failed to take the steps and measures required to stop their truck from causing foreseeable harm to other drivers on the road.
• The breach of duty caused the accident and your injuries: A lawyer can use evidence and medical records to prove that the trucking company’s failure to uphold the duty of care directly resulted in the accident and your injuries:
• You suffered injuries and losses: your lawyer will also need to prove that this accident caused you to suffer either physical injuries, emotional distress, or financial losses. 

Other Potentially Liable Parties

While you may only need to sue the trucking company after a truck accident, there’s a chance that more than one party is at fault. You may also have a case against the truck driver, the owner of the truck (if it is not the driver or trucking company), the entity responsible for the truck’s cargo, or even the truck’s manufacturer.

If your accident was the result of a flaw or defect in the truck itself, you may have a case against the company that built the truck. In addition, if the accident was caused by faulty brakes, tires, or windshield wipers, you may have a case against the manufacturer of these parts and components.

The driver might be responsible if his or her negligent actions caused the accident. Negligence can include driver behavior like recklessness, driving under the influence, and distracted driving. A lawyer can investigate the accident and review the driver’s logbook and driving record.

A Truck Accident Attorney in Louisiana Can Identify the Liable Parties for You

Sorting out the accident’s cause and identifying the appropriate party to pursue for damages can be complex and confusing. Let a personal injury lawyer handle this part of your case. They will have access to records, reports, and investigative notes that help them guide your compensation case.

An attorney familiar with truck accident cases can help you determine all the parties that may be financially responsible for your crash. They’ll make sure to pursue every avenue of compensation possible, even if it means pursuing multiple parties simultaneously.

Common Causes of Truck Accidents

To determine whether you should sue the trucking company for the truck accident or another party, your lawyer must figure out what caused the accident. A great majority of truck accidents are caused by the actions or inaction of the trucker, such as:

• Speeding
• Driving too fast for conditions (differs from speeding)
• Driver exhaustion
• Distracted or inattentive driving
• Following too close behind another vehicle (tailgating)
• Insufficient surveillance of environment
• Driving under the influence (more often drugs than alcohol)

Other major, though less common, causes of truck accidents include vehicle and environmental conditions. These could include defective or malfunctioning parts, overloaded trucks, or slippery roads.

A Lawyer Can Help You Collect Key Evidence in Your Case

Collecting evidence after a truck accident can be much more complicated than investigating a collision between two passenger vehicles. Truck accident evidence often includes items a lawyer may find easier to access than a layperson, including:

• Cargo loads and weights
• Trucker driving history
• Driving logs and rest logs
• Blood alcohol concentration test results
• Truck maintenance records
• Driver training records
• Black box data
• Traffic camera footage
• Surveillance footage
• Dashcam footage

Evidence collection is key to determining if you can sue the trucking company for a truck accident. If the truck’s system collects trip data, a lawyer may access that as well as any additional information that supports your right to financial recovery.

Black Box Data from the Truck Can Be Crucial Evidence in a Truck Accident Lawsuit

Many semi-trucks have an event recorder installed in the vehicle, often referred to as a black box. The event recorder collects data about the truck on a continuous basis. This data could provide critical evidence in a trucking accident claim, revealing the events that led up to the crash and the driver’s performance. Black box data stored on a commercial truck includes:

• Communication between driver and dispatch
• Truck speed, as well as acceleration and deceleration activity
• Instances of driving above the speed limit
• Brakes performance and usage
• Tire pressure
• Airbag deployment
• Usage of cruise control feature
• Truck equipment failures
• Truck maintenance alerts and related data

Let us worry about obtaining medical records, crash reports, the trucking company’s records, and other evidence. You worry about recovering from your accident. While you’re focusing on your recovery, we’ll find the evidence we need to file a truck accident lawsuit against the trucking company or another party.

If the Trucking Company Is at Fault, it Should Pay for Your Medical Treatment

Faster deliveries mean higher profits. But when trucking companies cut corners to improve their bottom line, people can get hurt. When this happens, the company should pay for your injuries.

You could be entitled to compensation for your past and future accident-related medical treatment. 

Severe injuries can lead to expensive medical bills and ongoing care needs. This may include:

• Diagnostic testing, such as MRIs, X-rays, and CT scans
• Surgical procedures
• Prosthetics, mobility aids, and other medical equipment
• Hospitalizations or in-patient rehabilitation
• Physical therapy
• Nursing services
• Medications

The good news is that your lawyer can pursue compensation for medical bills by filing a claim or lawsuit against the trucking company or another party that contributed to the truck accident. Your lawyer will work tirelessly to get the damages you need to afford current and future medical care.

Additional Damages You Can Recover by Suing the Trucking Company or Another Party

Medical bills are only one part of the financial burden a crash can cause. Large truck accidents often leave smaller vehicles totaled. If your vehicle has been damaged beyond repair in a truck crash, you can seek awards to pay for a replacement vehicle and compensation for any other damaged personal property.

If your vehicle is not totaled, but its resale value is significantly decreased, you could also be compensated for its diminished value in addition to its repair costs. 

Recovering Lost Wages

Another significant loss after a truck collision may be lost wages. If severe injuries caused you to miss work, you can seek compensation for your back pay. You can also fight for the loss of your future earnings if you suffer an injury that leaves you unable to work at the same earning capacity or unable to work at all.

A lawyer can use your employment and salary history to prove your income loss to date and to estimate the value of future income losses. A lawyer is particularly helpful in this area if you work more than one job or have a difficult-to-prove income.

Recovering Damages for Pain and Suffering

Pain and suffering damages compensate victims for the physical, emotional, and mental anguish an accident and serious injuries can cause. You could be entitled to these awards if you suffer from chronic pain, paralysis, loss of a limb, depression, stress, anxiety, or loss of enjoyment of life.

Your lawyer will use your medical records, rehabilitation records, and statements that confirm your current condition and anticipated recovery plan to calculate how much you’re owed for pain and suffering.

Whether your attorney sues the trucking company for the truck accident or another party, they’ll work tirelessly to get the compensation you need to manage the pain and discomfort you’re experiencing.

Damages for Wrongful Death After a Truck Accident

If a trucking accident resulted in your family member’s death, you can pursue wrongful death damages. You may seek awards for their final medical bills, property damages, funeral and burial expenses, and pain and suffering. Lastly, you may also be eligible for compensation for the loss of their financial support and services.

An Experienced Lawyer Can Help You Fight for the Money You Need

A trucking accident lawyer can help you fight for a fair settlement or verdict after a truck crash. Your attorney can assist you with an insurance claim against the trucking company and other liable parties. If your lawyer cannot settle your truck accident case outside of court, they can help you sue the trucking company for your truck accident. Your attorney will:

• File your claim or lawsuit
• Handle communications with all involved parties
• Gather evidence and prove fault
• Negotiate on your behalf
• Update you every step of the way

Statute of Limitations for Truck Accident Lawsuits in Louisiana

If you’ve been hurt in a truck accident, you’ll want to act quickly and get a lawyer in your corner soon. That’s because the state of Louisiana has a statute of limitations you must abide by. You only have two years to file a personal injury lawsuit, according to CC Art. 3492. The statute of limitations is also two years for filing a wrongful death lawsuit, according to CC Art. 2315.2.

If you need to file a truck accident lawsuit against the trucking company or another party, reach out to a trusted attorney today. They’ll be able to comply with this important filing deadline and any other requirements that apply to your unique case. 

Schedule a Free Consultation With a Trusted Truck Accident Lawyer

Moving forward with your life after a truck accident can be a painful and expensive process. Fortunately, the team at Laborde Earles is here to help you get the compensation you need to cover medical bills, replace lost wages, and cope with the pain you’re feeling. 

Contact our lawyers today to schedule a free consultation and learn more about your legal options. We’ll meet with you to discuss your accident, determine if you can sue a trucking company for the truck accident, and answer any questions you have about your case. We look forward to hearing from you soon.