Yes, you can sue a trucking company after an accident if it is responsible for the crash and you have sustained real damages. However, there are many factors to consider when determining if the trucking company is liable or whether you need to file a lawsuit.
Trucking companies can be held liable for their employees’ negligent actions under a legal doctrine known as vicarious liability. However, some trucking companies use contractors, which limits their liability. To understand your options, consult with a personal injury lawyer.
If you have been hurt by a large commercial truck, our Charlotte truck accident lawyers can help. Our Legal Team has recovered billions of dollars for accident victims. When you are injured through no fault of your own, We Stand Up For You®. Call today for your free consultation.
When Can You Sue a Trucking Company After an Accident?
You can sue a trucking company if the company is legally responsible for your accident. Liability may arise through vicarious liability for the driver’s actions if they were acting within the scope of employment.
Cases when the company’s negligence could lead to liability include:
- Failing to maintain the truck correctly
- Negligent hiring practices, such as a lack of background checks
- Policies that encourage unsafe driver practices
Before considering a lawsuit, it’s important to have evidence linking the company to the crash. Our Legal Team can help you determine whether the company is liable and if filing a lawsuit is the best course of action.
When Should You Sue a Truck Driver After an Accident?
Sometimes, you may need to sue the truck driver directly for an accident. This is typically the case when the driver is an independent contractor. If evidence shows the driver acted negligently and caused the accident, filing a claim against them may be necessary.
Whether the truck driver, the company, or both are at fault for your damages depends on the relationship between them. There may be additional liable parties involved, such as a third driver.
Do You Need a Lawyer to Sue a Trucking Company?
While hiring a lawyer is not required to file a civil lawsuit, our attorneys can significantly improve your chances of winning and recovering the maximum compensation. A personal injury case usually involves dealing with insurance companies and the other side’s attorneys.
Our experienced Legal Team will investigate the accident, collect evidence like driver logs and maintenance records, identify all liable parties, and negotiate with insurers. We will be there to protect your rights and make sure insurance companies treat you fairly.
Truck accident cases involve complex federal regulations, governed by the Federal Motor Carrier Safety Administration. Our attorneys will handle the legal complexities so you can focus on getting better.
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What Compensation Can You Recover in a Truck Accident Lawsuit?
The compensation you can recover in a truck accident lawsuit depends on the extent of your injuries. Serious and catastrophic injuries can result in awards of over a million dollars. More realistically, claims are in the thousands of dollars.
Depending on your case and the circumstances of your accident, you may recover several types of compensation:
- Economic damages address the financial impact the accident and your injuries have had on your life. This typically includes compensation for things like medical expenses and lost wages.
- Non-economic damages compensate you for the mental, emotional, and social toll the accident has had on your life. Examples include pain and suffering and emotional distress.
- Punitive damages aren’t meant to compensate you for your losses but to punish the defendant. These are reserved for cases where the trucking company acted illegally or with tremendous recklessness.
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How Long Do You Have to File a Truck Accident Lawsuit?
Every state has its own statute of limitations for personal injury claims. For example, North Carolina law generally allows you three years from the accident date to file a lawsuit against a trucking company. If you miss this deadline, you typically lose your right to sue.
Different circumstances can change the filing deadlines. For example, cases involving wrongful death, a minor victim, or a government entity each have their own specific timelines.
Get Help When You Are Injured in a Truck Accident
You can sue a trucking company after an accident if it is legally responsible for the crash via negligence or vicarious liability. However, in some cases, you will need to sue the driver instead. Often, you can resolve your issue with an insurance claim rather than a civil lawsuit.
Because truck accidents can be so complicated, it is a good idea to consult our Legal Team. We can help you understand who is liable for your damages and how to move forward with your claim. We’ll work to get you the compensation you deserve after your crash.
Previously known as Crumley Roberts, CR Legal Team has more than 100 years of combined legal experience. Our approach to Whole-Person Legal Care™ follows our Core Values of Care Like Family, Listen To Learn, and Do What‘s Right. Call now for your free consultation.
