You can sue someone personally after a truck accident. However, this will likely not be the case in your situation since most claims are settled through insurance negotiations.
To recover damages, you generally only sue someone if the insurance company does not extend a fair offer. You could also file a lawsuit if the at-fault party does not have insurance.
If you need to file a civil lawsuit to recoup your losses, you must do so within the timeline set by Texas Civil Practice and Remedies Code § 16.003. You generally have two years from the date of your collision to file a lawsuit.
Most Cases Settle Out of Court
You might successfully resolve your truck accident claim in one of two ways, such as:
- Filing an insurance claim. You could file a claim with the trucking company’s insurer to recover the cost of your losses. You may need to negotiate for a bit before you both come to an agreement.
- Filing a lawsuit. This option involves taking your case to court and obtaining a judgment. In this case, you would need to show a judge and jury that you should be awarded compensation for your damages.
Our team can explain whether you have other options when it comes to recovering your losses.
Who You Can Sue in Your Truck Accident Case
You could hold one or more of the following parties responsible for your damages in a truck accident lawsuit:
The Truck’s Driver
You could sue the truck’s driver personally after your accident. They could be responsible for your damages if they performed any of the following actions while driving:
- Tailgating
- Drinking and driving
- Texting and driving
- Failing to merge properly
- Failing to obey stop signs and other signals
- Speeding
Your case would be built on the foundation that because the trucker did not uphold their duty of care, they caused a collision in which you were injured.
The Trucking Company
The employer of the negligent truck driver could also be liable for your damages, depending on your circumstances. In fact, there is more than one way that the trucking company could be on the hook for your medical bills and other losses.
Primarily, a trucking company can face liability for their driver’s negligence under a legal doctrine known as “respondeat superior.” Under this doctrine, the trucker’s employer could be held accountable for the actions of their employee.
A trucking company could also face liability when they act negligently as well. Some examples could include negligent hiring practices, negligent training, or the inappropriate loading of a vehicle.
The Truck’s Manufacturer
The National Highway Traffic Safety Administration (NHTSA) has recalled over 300 million vehicles since 1966. Some trucks, whether because of faulty parts or poor design, can cause collisions.
If a defective truck caused your accident, you could file a product liability claim with the truck’s manufacturer. Here, your legal team would need to prove that you were injured by the truck because of its poor construction or design.
Local or State Departments
It can also be possible to pursue an injury claim against a government entity. This is possible when poor road conditions are responsible for causing a commercial truck crash.
Every stretch of roadway is overseen by a state, local, or federal department. When these roads fall into disrepair and cause a truck crash, that entity could face civil liability for any injuries that occur.
These claims could result from defective road design, poor road maintenance, or missing traffic signs, among other things.
Damages You Can Recover Through a Truck Accident Lawsuit
No matter who the defendant is in your truck accident case, our team is determined to look at who’s responsible for your injury-related losses.
The severity of your injuries, the nature of your accident, and the cost of your financial damages will determine the overall value of your truck accident case.
Some compensable losses in your case could include:
- Your medical bills
- Your lost wages
- The cost of repairing or replacing your vehicle
- Your diminished future earning power
- Your pain and suffering
- Your mental anguish
Reach Out to Loncar Lyon Jenkins Today to Discuss Your Case for Free
If you have questions about whether or not you can sue someone personally after a truck accident, the team at Loncar Lyon Jenkins has the answers. Our firm is dedicated to fighting for injury victims, and we are ready to discuss your case in detail.
Many truck accident injury victims face lifelong health consequences and other challenges after getting hurt. A successful personal injury lawsuit could ease those challenges and provide the money you need to pay for your medical care.
To learn more, call us at (877) 239-4878 to begin your free, no-obligation case review today.
