Depending on the circumstances of the truck accident, you can sue a trucking company. This process requires investigating the incident and backing your claim with proof of duty of care, breach, causation, and damages.
Read on for more information on how you can determine liability and claim compensation for damages suffered.
How to Prove that a Trucking Company Was Liable for an Accident
Before claiming compensation for a Texas truck accident, you must investigate to determine liability. This process can involve using various forms of evidence to understand each activity leading to the crash.
For example, you may use surveillance footage, dashcam footage, and black box information to determine if a driver was observing road safety rules at the time of the crash. Such video can also help you identify negligence such as:
- Failing to signal when turning
- Using the wrong lane
- Tailgating
- Using the phone when driving
- Careless overtaking
Another piece of evidence you can use to determine liability for an accident involving a truck is a police report. This document provides a formal account of the incident, including witness statements and the speeds of all vehicles at the time of the crash. It may also provide images of skid marks taken at the scene and results of drug tests.
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Can a Trucking Company Be Liable for Damages Caused by Their Driver?
The law requires trucking companies to maintain their vehicles through regular servicing and repairs. They should also ensure that all their employees have the training needed to operate the trucks. Due to these aspects, a trucking company can be directly responsible for a car crash caused by their vehicle.
For example, if supervisors ignore routine brake maintenance schedules, which contributes to a crash, you may sue for damages. Moreover, if they overloaded their vehicle or failed to secure luggage, triggering a crash, it is possible to claim compensation.
Other instances when a trucking company can be responsible for crashes caused by their vehicles are:
- When they fail to install safety equipment in their vehicles
- If their drivers were under the influence of drugs and did not undergo mandatory tests
- When a driver was working beyond the recommended hours
Vicarious Liability in Truck Accidents
Because employers (trucking companies) are responsible for their employees’ (truckers’) actions, they would be liable for any damages they cause. This principle is known as vicarious liability.
So, even if the trucker was at fault for the accident, you would take action against the trucking company and/or their insurance company.
Steps You Should Take After a Truck Accident
When involved in a truck accident, contact 911. Provide your location and state the number of people in your car and the injuries sustained. While waiting for emergency responses and the police to arrive, you can gather some evidence to help you support a claim. Request the truck driver to provide you with their contact details and insurance information. More evidence to gather at the scene are:
- Vehicle registration numbers
- Model, year, and type of truck involved in the collision
- Name of the trucking company
- Details of any witnesses present
Apart from that, it is always advisable to take images of all the physical injuries sustained. Also, capture pictures of damages to both vehicles from different angles.
Once the police officers arrive, provide a formal personal statement by explaining how the crash occurred. Still, avoid admitting fault since it may lead to losing your insurance claim or paying for damages when other aspects contributed to the crash.
Seeking Prompt Medical Attention Is Paramount
Another step to take after an accident is getting immediate medical attention. This part is vital irrespective of lacking any visible physical injuries.
After receiving treatment, ensure you get copies of your medical records. Also, request receipts of all costs incurred and make extra copies to present in court.
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Damages You Can Recover by Suing a Trucking Company for an Accident
Filing a lawsuit against a trucking company can help you get reimbursement for various damages. For example, you may recover the expense of your past and future medical care. It is also possible to recover the cost of hiring caregivers needed during the recovery period.
More damages you can seek compensation for by suing a trucking company are:
- The cost of fixing your vehicle
- Expenses for replacing your vehicle
- Lost income
- Reduced earning capacity
- Pain and suffering
An accident involving a truck can be traumatizing, leading to adverse emotional effects. If your mental health deteriorates after such an incident, you can include their estimated monetary value in your claim or lawsuit.
Call Loncar Lyon Jenkins to See You Have Grounds to Sue a Trucking Company
At Loncar Lyon Jenkins, we can help you seek compensation for various damages. Our lawyers will evaluate your case to determine liability and gather all the evidence needed for the lawsuit.
Call in the Strong Arm today for a free consultation.
