Can I Sue a Trucking Company for an Accident Caused by Their Driver?
In addition to the serious injuries that can result from an accident with a truck, victims are often left with lost wages, emotional distress, and several questions about how to proceed.
Due to the fact that trucks are heavy and fast, they cause life-altering injuries when they collide with other vehicles, especially smaller ones such as cars and SUVs. If you’ve been injured in a truck accident you believe was caused by a truck driver, you may be asking yourself, “can I sue a trucking company for an accident caused by their driver?” Although the answer will depend on the specific circumstances of your case, it is often “yes.”
Contact the Ohio truck accident attorneys of Kisling, Nestico & Redick if you’ve suffered from an injury or lost a loved one because of a truck driver’s negligence. Contact us today at 1-800-HURT-NOW for a free case consultation and to learn more personal injury FAQ.
Injuries Caused by Truck Accidents
Unfortunately, the majority of injuries caused by trucks lead to death. Truck accident victims who do survive are usually left with a lifetime of rehabilitation, lost wages, emotional distress, pain and suffering, and other damages. Common truck accident injuries include:
- Broken bones
- Internal bleeding
- Spine injuries
- Traumatic brain injuries (TBIs)
- Loss of limbs
- Permanent disability and disfigurement
Why Truck Drivers Drive Negligently
There are a variety of reasons why a truck driver may drive negligently and cause an accident that leads to catastrophic injuries. At Kisling, Nestico & Redick, we’ve found that truck driver negligence is often the result of the following:
- Lack of Proper Training- If a trucker doesn’t have enough knowledge on how to properly maneuver the truck, handle the load, and drive in inclement weather conditions, their risk of causing an accident is higher than a driver with the proper training.
- Aggressive Driving- Aggressive driving may occur when a truck driver speeds, follows another car too closely, and changes lanes abruptly in order to make it to their destination on time.
- Distracted Driving- Truckers drive long hours and often engage in activities such as texting, eating, and fiddling with their radio controls to keep themselves entertained. These activities distract them from their duties and typically lead to a collision.
- Impaired Driving- Some truck drivers use alcohol or take drugs in an effort to stay awake on the road. These trucks often end up causing serious accidents instead.
- Hours of Service Violations- There are federal laws that stipulate how long truck drivers can drive. Sometimes truckers exceed the maximum number of hours they are legally allowed to be behind the wheel in order to make tight deadlines or increase their pay. When this happens, they practice poor driving habits and cause accidents as a result of exhaustion and fatigue.
- Overloaded Trucks- A formula is used in order to determine how much weight trucks can legally carry. When trucks carry more than about 80,000 pounds, truckers may have a difficult time turning or stopping and increase their risk of jackknifing or rolling over.
Determining Liability in a Truck Accident
A number of different parties including the truck driver, trucking company, parts manufacturer, or laborer may be held liable for a truck accident. A trucking company may be responsible if maintenance issues caused a truck owned or leased by them to crash. Additionally, if a trucking company forced a driver to exceed hours of service regulations or hired individuals who they did not have the proper training and experience, they could also be held liable.
Keep in mind that if you do sue a trucking company in an accident caused by their driver, the company may take advantage of attorneys, insurance adjustors, and other professionals in attempt to quickly settle a claim and avoid a thorough investigation.
What to Do After a Truck Accident
There are certain steps you should take after getting in a truck accident. By following these steps, you’ll protect your health and rights.
- Call the Police
As soon as the accident occurs, you should call the police and file an accident report as it can be used as evidence to support your case.
- Seek Medical Attention
Next, visit the doctor even if you don’t think your injuries are severe. Many injuries are not apparent immediately and can worsen if they are not treated right away. If you fail to seek medical attention, it can be difficult to prove that your injury was directly related to the truck accident.
- Contact Your Insurance Company
Next, you should call your insurance company and inform them of the accident so that a report can be filed. Be sure to say as little as possible while interacting with your insurance company or the trucking company’s insurer.
- Consult a Truck Accident Lawyer
Lastly, consult an experienced truck accident lawyer who can investigate your case, understands the complex liability issues associated with truck accidents, and can ensure that you recover the compensation you may be entitled to.
Contact Our Ohio Truck Accident Attorneys
If you’ve been hurt or lost someone you love in a truck accident, it is in your best interest to contact the highly skilled Ohio truck accident attorneys of Kisling, Nestico & Redick today. We’ll inform you whether you can sue a trucking company for an accident caused by their driver, and we will assist you in fighting for the compensation you are owed in a personal injury or wrongful death claim.
Contact us today at 1-800-HURT-NOW for a free consultation