Yes, depending on the circumstances, you can sue both the truck driver and the trucking company. Truck accidents are complicated cases that frequently involve multiple parties and layers of responsibility.
Our Charlotte truck accident lawyers can help determine all liable parties so you have the best chance of recovering full compensation. Let’s break it down so you can better understand your rights and options.
Who Can Be Held Responsible in a Truck Accident?
Truck accidents aren’t like typical car accidents. Because commercial trucks are part of a larger business operation, more than one person or entity may share responsibility for what happened. Identifying all liable parties is crucial to ensuring you receive full compensation for your losses.
A Charlotte personal injury lawyer can help identify all liable parties and uncover evidence to validate your claim. Here’s a closer look:
The Truck Driver
If the truck driver’s negligence caused the accident, they can be held accountable. Common examples of driver negligence include:
- Driving while distracted (e.g., texting, eating, or adjusting a GPS)
- Speeding, tailgating, or engaging in other reckless driving behaviors
- Driving under the influence of drugs, alcohol, or even prescription medications that impair judgment
- Violating federal safety regulations, such as exceeding Hours-of-Service limits, which are designed to prevent driver fatigue
Truck drivers are held to higher standards than everyday motorists because of the size and weight of their vehicles, which can cause devastating accidents.
The Trucking Company
Trucking companies often share liability for accidents involving their vehicles, especially under the legal concept of vicarious liability, which means employers are responsible for the actions of their employees while on the job.
However, a company may also face direct liability if its own negligence contributed to the crash. Examples include:
- Negligent Hiring: Failing to properly vet drivers, such as hiring someone with a history of DUIs or accidents
- Poor Maintenance Practices: Skipping routine inspections or repairs, leading to mechanical failures like brake malfunctions or tire blowouts
- Unrealistic Schedules: Forcing drivers to meet tight deadlines, which encourages speeding or driving while fatigued
Other Potentially Liable Parties
In some cases, other parties may also share responsibility for the accident, including:
- Cargo Loaders: If improperly loaded or unbalanced cargo shifts during transit and causes the truck to tip or lose control
- Truck Manufacturers: If a defective part—like faulty brakes, tires, or steering mechanisms—caused or contributed to the accident
- Maintenance Providers: If a third-party maintenance company failed to repair or service the truck properly
Determining who is responsible in a truck accident often requires a detailed investigation. Multiple parties, including the driver and trucking company, may be at fault. This makes it even more important to gather evidence and build a strong case.
For a free legal consultation, call (877) 333-1000
Why Sue Both the Driver and the Company?
Suing both the truck driver and the trucking company can strengthen your case and increase the likelihood of full compensation. Here’s why:
More Resources for Compensation
Trucking companies typically carry large commercial insurance policies, far exceeding what an individual driver might have. By pursuing claims against both, you improve your chances of recovering enough to cover all your losses.
Accountability for Negligence
Holding the company accountable ensures they can’t ignore unsafe practices, like hiring unqualified drivers or cutting corners on truck maintenance. This not only helps you; it also protects others on the road.
Uncovering the Full Picture
Suing both parties allows for a deeper investigation into the accident. For example, reviewing the company’s maintenance logs or the driver’s hours-of-service records might reveal critical evidence of negligence.
What Evidence Is Needed to Build a Case?
To successfully sue, evidence is crucial. Here are some key pieces of evidence that can strengthen your case:
- Police Reports: These provide an official record of the accident.
- Driver Logs: Federal law requires truck drivers to log their hours, which can reveal if they exceeded legal limits.
- Maintenance Records: These show whether the truck was properly maintained.
- “Black Box” Data: Many trucks are equipped with electronic logging devices that record speed, braking, and other critical information.
- Witness Statements: Testimonies from people who saw the accident can clarify what happened.
- Expert Analysis: Accident reconstruction experts can analyze the scene and provide insights into how the crash occurred.
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Why You Should Speak With an Attorney
A truck accident case can be overwhelming, especially when you’re trying to recover from injuries. An experienced attorney can help by:
- Investigating your case to determine all liable parties
- Gathering the evidence needed to build a strong claim
- Negotiating with insurance companies to pursue fair compensation
- Representing you in court if necessary
Complete a Free Case Evaluation form now
Contact a Truck Accident Law Firm for a Free Consultation
Whether they represent the driver, the trucking company, or both, insurance companies are not on your side. Their goal is to pay as little as possible, even if that means offering you a settlement that doesn’t cover all your expenses. Don’t let them take advantage of you.
Truck accidents are serious, and the stakes are high. You deserve justice, accountability, and the resources to rebuild your life.
At DeMayo Law Offices, we put People Over Profits™. Our attorneys understand what you’re going through and will fight tirelessly to protect your rights. Let us help you take the next step toward recovery. Contact us today for a free consultation.
Call or text (877) 333-1000 or complete a Free Case Evaluation form
