Liability can be hard to determine if you’re injured in an accident involving a commercial truck. Do you blame the truck driver, their employer, or the vehicle manufacturer?
In many situations, you can sue the truck driver company for injuries related to your accident, but this requires ample knowledge of trucking regulations and negligence claims. Read on to learn more.
Can a Commercial Trucking Company Be Liable for an Accident?
Yes, you can hold numerous parties liable for truck accidents, including the driver, the commercial trucking company, the vehicle manufacturer, and even the government if unsafe road conditions were present. In some scenarios, multiple parties may be liable.
5 Ways to Sue the Trucking Company for Your Accident Injuries
You could sue the truck driver company for injuries resulting from your accident if the employer acted negligently or violated trucking laws. Based on our years of experience as truck accident attorneys, here are some common examples of violations that typically constitute a claim:
1. Failure To Maintain the Vehicle
Trucking companies must adhere to specific maintenance requirements, just as personal vehicle owners in some states. To maintain commercial vehicles, employers may need to routinely change the oil, replace or rotate tires, check the brakes, replace the windshield wipers, and ensure the vehicle passes inspection.
Failure to maintain the vehicle can cause it to malfunction, directly resulting in an accident. For example, if the brakes failed because they weren’t replaced when they reached the required mileage, the employer acted negligently when they allowed the vehicle to stay on the road.
2. Unsecured or Unbalanced Cargo
Commercial vehicles must meet many regulations regarding cargo loads. Companies must secure and balance cargo properly and ensure the vehicle stays within its payload capacity. If a truck flips or if cargo flies out of the bed because of negligent cargo loading, you may be able to file a personal injury lawsuit against the employer.
3. Poor Driver Training
Drivers must have specific licenses, certifications, and training to drive commercial vehicles of various weight classes. Sometimes, commercial trucking companies send out drivers with vehicles they aren’t prepared to handle due to staffing shortages and other complications. Without proper training, drivers may not know how to merge lanes, brake, reverse, or make sharp turns in such large vehicles.
If an ill-prepared driver hits you, the incident may still fall under company liability because of the vicarious liability law, which holds employers accountable for their employees’ actions when they’re working within the scope of their job.
4. Failure To Screen the Driver
Employers are responsible for screening drivers to ensure they follow laws on driving under the influence. If an employer fails to screen a driver and a drunk or impaired driver hits you, you may sue the truck driver company for injuries relating to your accident.
Trucking companies typically have to screen drivers on numerous occasions, and if they fail to do so, they may be held liable.
5. Unlawful Scheduling Hours
Federal trucking laws state that truck drivers must not drive for more than 11 hours of a 14-hour shift. Drivers who operate vehicles beyond this defined limit are often at a higher risk of falling asleep at the wheel or failing to respond to road hazards. If an employer requires a driver to operate a vehicle for more hours than the federal limit, they may be liable for the accident.
Speak With a Truck Accident Lawyer Today
If you want to sue a truck driver company for injuries relating to a wreck, you need to seek legal representation so you can navigate insurance coverage complications and liability laws. Call Tabor Law Firm today at 317-236-9000 or contact us online to speak with an experienced truck accident lawyer in Indiana.
