Can I sue a trucking company for my injuries following an accident?
Yes, you can sue a trucking company for injuries if certain conditions are met. If you were injured in an accident involving a truck, you may have a personal injury claim against the trucking company. Traut Injury Law has litigated many crashes involving semi-trucks. There are both legal and insurance issues that Traut Injury Law has been successful navigating on behalf of clients. Here are some key factors to consider:
- Liability of the Trucking Company
The trucking company can be held liable for your injuries if:
- Negligence of the Driver: The truck driver was negligent, such as by speeding, driving recklessly, driving while intoxicated, texting, or violating other traffic laws.
- Vicarious Liability: In many cases, trucking companies are responsible for their drivers’ actions under the legal principle of vicarious liability (also known as “respondeat superior”), meaning the company can be held liable for the negligence of its employees during the course of their work. There are legal issues related to course and scope that Traut Injury Law has dealt with many times over the last three plus decades.
- Violation of Regulations: Trucking companies must adhere to various safety regulations, such as those established by the Federal Motor Carrier Safety Administration (FMCSA). If the company violated these regulations (e.g., by allowing the driver to exceed hours-of-service limits or failing to maintain the truck properly), this could strengthen your case.
- Negligent Hiring, Training, or Supervision: If the trucking company failed to hire qualified drivers, properly train them, or adequately supervise them, they can be held liable for negligence.
- Maintenance Issues: If the accident was caused by poor truck maintenance (e.g., brake failure or tire issues), the trucking company may be liable for failing to maintain the truck in a safe condition. Traut Injury Law will retain necessary experts who have been qualified in Court to testify on such issues.
- Injuries and Damages
In a lawsuit, you can seek compensation for:
- Medical Expenses: Both current and future medical treatment costs related to your injuries.
- Lost Wages: Compensation for wages lost due to your inability to work during your recovery, as well as future earnings if your injuries affect your ability to work long-term.
- Pain and Suffering: Compensation for physical pain, emotional distress, and other non-economic damages. This includes both past and future pain and suffering.
- Property Damage: Compensation for damage to your vehicle or other personal property.
- Wrongful Death: Compensation for the loss of a loved one.
- Filing the Lawsuit
- Investigation: You will need evidence of the trucking company’s negligence or the truck driver’s fault in causing the accident. This could include police reports, witness statements, truck driver logs, and any black box data from the truck. This black box data comes from an EDR (Electronic Data Recorder) that records the seconds before, during, and after the collision. That data includes, speed, braking, and turning movements that can be critical in proving liability and the force of the impact. Traut Injury Law has experts in both Southern and Northern California who will use the tool needed to download that data.
- Insurance Claims: Trucking companies typically have substantial insurance coverage. You may first file a claim with the insurance company. If negotiations fail to result in a fair settlement, you can file a lawsuit in court.
- Statute of Limitations
You will need to file your lawsuit within the statute of limitations, which varies by state but is typically 1 to 3 years for personal injury claims. In California, the statute of limitations is 2 years to file a lawsuit against a trucking company for a collision.
Trucking cases are often complicated and difficult to navigate. It is highly recommended you retain counsel. In California, Traut Injury Law is one of the best firms to retain in such cases.
