Can I Sue a Trucking Company for a Truck Accident?

Can you sue a trucking company for a truck accident? Truck drivers are often responsible for accidents they are in, and while the truck driver is often the primary cause of many incidents, truck companies could be responsible as well.

If you can demonstrate that the truck company caused the accident in some way, a Duluth truck accident lawyer may be able to help you sue the trucking company for damages.

Reasons Why Truck Companies Could Be Liable for Truck Accidents

Various scenarios may seem only to be the driver’s fault, such as driving under the influence or speeding. However, unless you dig deeper, you may not realize that your injuries and losses may also be the responsibility of the trucking company. In order to prove the truck company liable, you must demonstrate the following if you wish to sue the trucking company for a truck accident:

• The truck company owed you a duty of care, such as providing a safe driver for their truck
• The truck company violated that duty of care in some way
• The violation of their duty is what directly caused the accident to occur
• You suffered financial and physical injuries from the accident

Demonstrating this with a Duluth personal injury lawyer may be more direct and straightforward, however, there are many situations in which you will need to gather additional evidence and look deeper into the case. Your attorney will uncover all factors contributing to your accident so you can hold all parties involved accountable. Some examples of when truck companies could be responsible in this case include the following.

Poor Maintenance and Upkeep of the Truck

If the truck company owns the truck that caused the accident, and you learn that it did not maintain the vehicle, such as with routine inspections and certifications, the truck company could be liable when you want to sue the trucking company for a truck accident. In this situation, the cause of the accident will play a role in that process, and uncovering evidence of failure to maintain the truck will be necessary. Maintenance logs and technician records could indicate the trucking company was lagging in maintaining the tires, brakes, or other components.

Inexperienced or Unqualified Driver

There are some situations in which the truck driver may lack proper training, certification, and even licensing to operate the truck they are behind the wheel of under Georgia law. 

If the truck company knew the driver was lacking in experience or simply unqualified, that could make them liable for the mistakes that the driver caused that put others at risk. Drivers must meet qualifications, which the trucking company must verify.

Not Meeting Time Off Requirements

The Federal Motor Carrier Safety Administration (FMCSA) has very specific regulations for truck drivers to maintain set time off, called Hours of Service. These rules require truck drivers to have documented time off depending on the number of hours and days they are working consecutively. 

If the trucking company fails to monitor the required times off, pressures drivers to skip those rules and deliver sooner, or otherwise violates these loans, they could be liable for the accident the truck driver causes.

Knowing of a Risk

Truck companies may know the driver they put behind the wheel was not fit to operate in a safe manner, such as due to previous driving under the influence claims, reckless driving tickets, or previous accidents. Truck companies have an obligation to ensure that anyone they put behind the wheel has the necessary skills and ability to operate a truck safely. If they know there is a risk, and they still allow the truck driver to get behind the wheel, that could be seen as a core fault.

Negligence in Loading the Truck

Trucks must be balanced and loaded in a way that ensures they can easily be managed without extensive skill. Trucking companies that overload trucks or improperly load them to maintain their secure position could be sued for truck accidents caused by this. Shifts in loads can lead to truck imbalances, making it impossible for the truck driver to operate the vehicle safely.

Gathering Proof to Sue a Truck Company

One of the complications that often occurs when trying to prove a truck company liable is having proof or some level of evidence that demonstrates that fault. In some situations, the incident may be clearly attributed to the truck driver, but there could be other factors that may reveal the truck company is also to blame. Some ways your Duluth 18-wheeler truck accident lawyer may work to prove this include finding evidence such as the following:

• Commercial truck logs: These logs may track the time the driver was behind the wheel consecutively and whether the truck’s maintenance requirements were met.
• Maintenance records: Truck companies must maintain accurate and detailed logs of the routine maintenance completed on their trucks, ensuring they are safe for operation.
• Driver history: If you can demonstrate that the company should have known the truck driver was a risk due to their history of causing accidents or previous intoxications, that could help you build your case.
• Witness statements: Statements from eyewitnesses that demonstrated the truck driver was speeding and that it was due to being pushed by the company to do so could lead to fault.
• Employee records: Time off rules are very strict, and if an employer fails to maintain them or show they are accurate, that could influence the fault of the truck company.

In each situation, truck companies may be held liable for the losses the victim has if you can demonstrate their role in the process. Note that not all truck companies use employees, as some use independent contractors. That could play a role in whether or not the truck company is responsible for the injuries and other losses you have and whether or not you can sue a trucking company for a truck accident.

Schedule a Free Consultation to Find Out What Your Rights Are

Put your truck in Slam Dunk Attorney to find out what your legal rights are in taking action against a truck company that puts you at risk. 

Set up a free consultation with our team now. Get the answers you need when asking if you can sue a trucking company for a truck accident.