You may be able to sue a trucking company if its driver caused an accident. Depending on the circumstances, several parties can be held responsible. While the driver’s negligence may be the cause, the trucking company can share liability in some cases.
Shared liability means more avenues to seek compensation, but it makes the legal process more complex. A personal injury lawyer can help investigate the accident and identify who is responsible for your injuries.
Causes of Accidents Involving Truck Driver Negligence
The Federal Motor Carrier Safety Administration (FMCSA) reported 140,000 crash events involving large trucks in 2020 alone. Trucking accidents can involve many factors and several parties whose negligence might have contributed to the crash. Truck driver negligence can include:
- Driving for too long without taking legally required rest breaks
- Driving while under the influence of illegal or medication drugs
- Unsafe driving due to unreasonable or incentivized delivery schedules
- Distracted driving (e.g., texting behind the wheel)
- Fatigued driving
Trucking company negligence can include:
- Errors loading and securing cargo
- Poor fleet maintenance
- Insufficient training and employee background checks
- Defective vehicle parts
Whatever the accident circumstances, we can help get to the root of who is responsible.
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How Vicarious Liability Laws Affect Truck Accident Cases
While a trucking company’s negligence can cause an accident and leave it directly liable for any injuries that occur, the company can also be vicariously liable. Vicarious liability laws hold that an employer is liable for any actions its employees take within the “scope of their employment.”
This means that if a driver causes an accident while delivering a load or otherwise performing their job duties, the trucking company can share liability. Our team will determine if we can hold the trucking company vicariously or directly liable for your injuries.
We Can Fight for Fair Compensation
Truck accidents can cause severe injuries or fatalities and change the way you live in a split second. If your life is on hold and you are facing an uncertain financial future, we can fight for fair compensation to cover:
- Current and ongoing medical bills
- Rehabilitation costs
- Lost wages and compensation for any impact on future earnings and benefits
- Pain and suffering and inconvenience
- Damaged property
If the accident caused the loss of a loved one, our lawyers can help you seek compensation via a wrongful death lawsuit. We may be able to recover compensation for:
- Funeral and burial costs
- Lost future earning capacity
- Medical expenses your loved one incurred before their passing
- Loss of services
- Lost companionship and care
Our team can help you determine the value of your truck accident case.
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The Benefits of Seeking Legal Representation
Seeking legal representation, especially if your injuries are significant, can mean peace of mind and far less stress. Our lawyers shoulder the legal responsibility while you focus on your recovery. We help you navigate the complex legal process and fight for a fair settlement by:
- Investigating the driver, trucking company, and accident scene
- Gathering evidence (and issuing formal requests that the trucking company preserve any evidence they hold, such as inspection logs, data from onboard recording devices, and employee records)
- Identifying liable parties
- Estimating the financial impact of your injuries and other related losses, both current and ongoing
- Filing your injury claim
- Answering any questions you have and keeping you informed of case progress
- Negotiating with insurance companies or their legal team
- Reviewing settlement offers
- Representing you in court, if your case goes to trial
- Handling your case with no upfront fees
Establishing fault and identifying liable parties in a trucking accident can be challenging, especially if you are recovering from serious injuries. This is where a personal injury lawyer can be invaluable. If the driver or trucking company was negligent, we help you sue for the accident.
It is important to act quickly after the accident as it allows your lawyer to gather vital evidence before it is lost or destroyed. It also means you can file your lawsuit in time per OCGA §9-3-33. This law gives the injured party two years from the accident date to initiate legal proceedings. If you fail to file before the time expires, you may lose your right to sue.
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The Team at Kaine Law Is Here to Help You Sue for Your Injuries
If you were hurt in an accident caused by a negligent truck driver or company, we can help you sue for compensation. Our lawyers understand the tactics powerful trucking companies use to settle for the lowest amount and are well versed in trucking industry laws and regulations.
We also understand the challenges you are facing at the moment. Dealing with your injuries while worrying about meeting financial obligations is a struggle you do not have to face alone. For more information about our services, call for answers today.