Yes, you can often sue both the truck driver and the trucking company after a big rig accident — depending on the circumstances of the crash. In the aftermath of a truck accident, determining who is liable is a key step toward securing compensation for injuries, property damage, lost wages and pain and suffering, etc.
Understanding Liability in Truck Accidents
Truck accidents are unique in that they often involve multiple potentially responsible parties. Unlike car accidents, where liability typically rests with one negligent (careless) driver, commercial trucking operations can include several parties: The truck driver, the trucking company (employer), a freight broker or even a maintenance/service company.
Truck Driver Liability
Truck drivers can be held liable if their negligent (careless) or reckless behavior contributed to the crash. Examples of driver negligence (carelessness) include:
- Speeding or aggressive driving
- Driving under the influence of drugs or alcohol
- Falling asleep at the wheel due to fatigue
- Distracted driving, such as texting or using GPS while driving
- Failure to check blind spots or signal properly
If the trucker violated traffic laws or federal safety regulations (such as hours-of-service rules), they may be held personally accountable for injuries caused.
The Trucking Company’s Liability
The trucking company can also be held responsible under two primary legal doctrines:
- Vicarious liability: This doctrine (principle) holds employers legally responsible for the actions of their employees while those employees are acting within the scope of their job. If a trucker was working for a company at the time of the accident, the company may be liable, even if the company itself did not directly contribute to the crash.
- Direct negligence: A trucking company can also be held directly liable if its own negligence (carelessness) contributed to the accident. This includes:
- Negligent hiring (or retention), such as hiring drivers with a poor safety record
- Inadequate training of drivers
- Failure to inspect or maintain vehicles
- Pushing drivers to violate hours-of-service rules to meet delivery deadlines
- Encouraging or ignoring unsafe driving practices
Suing Both the Driver and the Trucking Company
When suing both the driver and the company, your personal injury attorney will usually allege separate legal claims against each party. The lawsuit may allege that the driver operated the truck in a negligent (careless) manner that directly caused the crash. It can also assert that the trucking company is both vicariously liable for the driver’s conduct and directly liable for its own failures, such as unsafe hiring policies or not properly training drivers.
By naming both parties, plaintiffs (injured party) in truck accidents strengthen their case and increase their chances of securing maximum compensation for losses. This is especially important in serious or fatal crashes where damages can be extensive and exceed the driver’s personal insurance coverage.
Given the complexity of these cases, it is critical to work with a knowledgeable personal injury attorney who understands federal trucking laws, an insurance company’s tactics and the unique dynamics of commercial vehicle litigation.
Contacting an Experienced Lawyer
If you or a loved one has been injured in a truck accident, or if you have lost a loved one in a motor vehicle accident caused by a negligent or careless driver, the experienced New York personal injury attorneys at the Law Offices of Kenneth A. Wilhelm can help you better understand your legal rights and options, and also fight hard to recover just compensation for you.
For over 53 years, our skilled accident attorneys have established a proven track record of helping injured victims get fair compensation for their losses. Our law firm recently recovered $5,600,000 for a bicyclist who was hit by a van, and $2,550,000 for another victim of a truck accident, and $3,000,000 for a pedestrian who was hit by a car, and
$2,000,000 in a hit-and-run accident, and the full $1,000,000 insurance policy for a pedestrian who was hit by a truck, and $4,625,000 for a driver who was in a car and was hit by a van, and $2,500,000 for a man who fell through an improperly secured hole.
Also, one of our clients obtained a verdict for $43,940,000 and another of our clients got a verdict for $23,500,000, both in medical malpractice cases.
Please contact us TOLL FREE 24 hours a day, 7 days a week at 1-800-WORK-4-YOU (1-800-967-5496). WE CAN EVEN COME TO YOU. There is no attorneys’ fee unless we recover money for you. We can also help with personal injury, lead poisoning and medical malpractice cases including, brachial plexus palsy (Erb’s palsy) and cerebral palsy cases in New York, New Jersey, Connecticut, Pennsylvania, or Florida. If you have been seriously injured in any of the 50 U.S. states, please call us and we will try to help you with your case.
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1-800-RADIO-LAW, 1-888-WYPADEK, OR 1-800-LAS-LEYES
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