Filing a Lawsuit Against a Trucking Company: What You Need to Know

Trucking companies are crucial in the commercial transportation of goods over long distances.

They are the main movers of goods as required. So many trucks are on the roads simultaneously, causing accidents to be very common. In the sky or on the ground, accidents bring similar challenges of injuries and damages. The legal system is a maze to navigate.

The decision to sue a trucking company must be well thought out. Be prepared for the consequences involved, and always have a reputable 18-wheeler accident lawyer at your side. 

Understanding the Liability in Truck Accident Cases 

Finding the liable party in a truck accident is crucial for accountability. This is how responsibility for damages is determined. Liability isn’t just on the truck driver; it can also be on others in charge of the truck’s operation and upkeep.

• Employer Liability

Trucking companies can be responsible for their workers’ actions, notably their direct drivers. If the company hired, trained, or supervised the driver poorly, it can be blamed for the accident.

The company could face legal consequences for neglecting background checks. Permitting overextended hours could lead to accidents.

• Maintenance and Inspection

Truck owners must maintain and inspect their vehicles regularly. Failure to do it may lead to accidents due to brake, tire, or steering issues. If maintenance negligence causes an accident, the company is responsible.

What to Know When Filing the Lawsuit against the Trucking Company.

When considering suing a trucking company after an accident, remember key factors. These factors can significantly impact your case. Assessments include legality, technical aspects, and practicalities. They are vital before a lawsuit.

• Evidence Collection: 

In any legal case, collecting evidence is crucial. This is particularly important in truck accidents where determining fault can be challenging. We collect police reports, witness statements, and scene photos. We may also get surveillance camera footage, if possible. Data from the black box contains key information like speed and braking patterns. It can often be the key piece of evidence to prove fault.

• Regulatory Compliance: 

Trucking companies must follow many federal and state rules. These rules decide who can drive, how vehicles are kept, and driver work hours. 

Violating the rules can help your case and show if the trucking company ignored safety. Comprehension of the law and how it relates to your case is mandatory.

• Driver Qualifications and Training: 

It’s crucial to check the driver’s education and experience after the accident. Ensure a good driving record, compliance with licensing rules, and no accidents or violations. 

If an accident occurs due to the driver’s lack of training, the trucking firm may be liable. It’s the firm’s duty to train their drivers properly.

• Insurance Coverage: 

You need to check the trucking company’s insurance to know how much you could get paid if there’s an issue. 

Trucking usually needs commercial insurance. Commercial insurance policies are generally stipulated as a requirement for trucking.

Companies, since they operate bigger vehicles, naturally are more vulnerable. Understanding coverage limits, included items, and compensation sources is crucial for recovery. It is essential for maximizing your recovery.

From Start to End: What You Need To Know For Filing a Lawsuit Against Trucking Company

Filing a lawsuit against a company that ships between states has many steps. Each step is important for your case to end successfully.

• Assessment and Consultation: 

The process of representing your case starts with an assessment. It includes the conduct of the case with a competent lawyer who is skilled in this type of litigation.

During the consultation, we will discuss the accident details and your injuries. We will also talk about any legal claims you may have against the trucking company.

• Legal Research and Case Preparation: 

The lawyer will use this proof to do legal research for your situation. The lawyer will look into the laws, rules, and decisions that apply to your situation. 

They will use all this information to plan your legal strategy. This plan includes submitting the complaint and legal papers suing the trucking company.

• Filing the Lawsuit: 

Your lawyer will bring the case to the right court and file the lawsuit there. Your lawsuit papers must state why you are claiming and the money you want to get for the accident. The other party will file a complaint with the court against the trucking firm. They will also provide a copy of the complaint to the company.

• Negotiation and Settlement: 

Before the trial, you may have chances to settle with the trucking company in court. 

The lawyer will use talks to help you reach a fair agreement for your injuries. If an agreement is not reached, the dispute will then be heard in a courtroom.

Tips You Need to Follow to File a Lawsuit

• Act Quickly: 

Time is what counts in this respect when it comes to filing a lawsuit after a truck collision. 

Events can change. Witnesses may forget. Time limits can run out. Speaking at the right time is crucial to proving your case after a truck crash. Collect evidence, gather witness statements, and file a lawsuit before it’s too late.

• Choose the Right Attorney:

The attorney you select is probably going to be the most crucial one in your case. Research on a lawyer whose expertise is in the field of truck accident cases is very important. 

They should be professionals in the field. They need experience with similar cases and a deep understanding of trucking litigation.

• Thoroughly Investigate the Accident: 

The key to the strength of your case lies in the proof you gather with your lawyer. Get close cooperation with your attorney for a thorough investigation of the accident. 

These can be done through police reports, witness testimonies. Evidence includes surveillance footage or truck black box data.

• Consider all Potential Defendants: 

Your suit names the trucking company. Other parties may be responsible for the accident. 

We might speak about the truck driver, maintenance contractors, and truck producers. Ensuring all possible defendants are named increases the chance of full compensation recovery. Holding them liable is essential.

• Document Your Damages: 

You will need to show who is responsible and how much money you lost to get paid back. Maintain records of bills: medical expenses, lost wages, property damage, losses incurred. This documentation is crucial to determine the costs of the damage.

Takeaway

Navigating insurance claims after a truck accident can be challenging. The trucking companies may find different legal grounds through which they can be exempt from paying for damages. That’s why you need a professional truck accident lawyer from Mokaram Law. Our lawyers have years of experience in dealing with 18-wheeler accident cases. We are proud to have thousands of successful cases. Contact us today at (281) 609-9224 for a free consultation.