After a truck accident, you might wonder, Can I sue a trucking company? The answer is yes. You can sue the trucking company for the accident and your injuries depending on the circumstances. Commercial trucking companies owe a duty of care to the people their trucks share the road with. If the trucking company’s negligence caused your accident, you should discuss your options with an experienced attorney.
How to Sue a Trucking Company
The mechanics of suing a trucking company operate similarly to any civil lawsuit. If you and your lawyer believe the trucking company is liable, you will begin your claim for damages by informing the company of your claim. Then, your lawyer could engage in negotiations in an attempt to reach a settlement. If the trucking or insurance company does not make a reasonable offer, your lawyer will file an official lawsuit with the court, and your case might end up in trial.
Should I Sue the Truck Company?
As a plaintiff seeking compensation, it helps to have a deep-pocket defendant as they likely have enough resources and insurance to cover all of your injuries. Trucking companies likely have such resources, so you might wonder if you can sue them. The answer to this question is yes, thanks to a legal concept called respondeat superior, which applies nationwide. This doctrine states that employers are liable to third parties for injuries caused by the negligent actions of their employees—as long as the employee was working at the time of the incident.
So this can be very good news when seeking damages. However, there are exceptions to this rule—such as when the truck driver is an independent contractor and not an employee. Your lawyer will be able to advise you as to whether or not the trucking company can be held liable under this legal theory.
Additionally, the trucking company might have acted negligently. If so, you can sue them based on their own negligence. Let’s look at a couple of examples.
Negligent Hiring Practices
The trucking company can be held liable for a crash if they failed to thoroughly vet their employee by obtaining their driving record and conducting a background check.
Commercial truck drivers must hold a valid commercial driver’s license and abide by specific rules and regulations. If the driver has a tarnished driving history with DUI convictions, speeding tickets, or multiple accidents and the trucking company still hires them, they can be held liable.
Inadequate Training
An employer, including a trucking company, must ensure their employees receive adequate training and follow specific safety standards and procedures. If the employer fails to supervise or train the employee, they may be held responsible for any resulting accident.
Improper Maintenance
Trucking companies must maintain and service their big rigs adequately. If the trucking company fails to routinely service the vehicle, it can be liable for any losses resulting from the collision.
Additionally, if defective parts or equipment on the truck caused the accident, you could also name the manufacturer in the lawsuit.
What Type of Compensation Can I Recover from the Trucking Company?
If you successfully prove the trucking company acted negligently, you may be entitled to certain damages. These damages include:
- Medical bills,
- Lost wages,
- Property damage,
- Emotional distress,
- Pain and suffering,
- Loss of enjoyment of life, and
- Disfigurement.
Contact our truck accident lawyers to learn more about the type of damages you may be entitled to.
Truck Accident Attorney
If you have been injured in a truck accident in Mississippi, you have come to the right place. Since 1981, the Harris Law Firm, PLLC, has been helping truck accident victims seek the justice and compensation they deserve. Contact us today to schedule a free consultation at your convenience.
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