If you’ve ever been in a car accident, you know how scary it can be. First, there’s the initial shock of the accident: making sure no one is hurt, assessing the damage on your car, getting the information you need to file an insurance claim. Then comes reality. If someone is injured, how long will it take for them to be well? How will we pay the medical bills? How will we get our vehicle fixed? These are all very real scenarios after a car wreck under the best of circumstances. Car accidents with 18 wheelers can be even more devastating than your typical accident. Tractor-trailers are very large and chances are, you and your vehicle will get the brunt of the damage. What can you do in the aftermath of an accident? You might wonder about legal repercussions for the driver and even the trucking company, but can you actually sue them? The answer is yes, you can.
Can you sue a trucking company?
Yes, you can. Trucking companies are responsible for their drivers and machinery. They are responsible for making sure their drivers are safe on the road at all times and that their tractor-trailers are up-to-date on all routine maintenance to prevent injury of their driver and others on the road. If their drivers are unsafe or their vehicles malfunction due to skipped maintenance, they are responsible for any injury caused by that accident. They are responsible for making sure their employees are properly trained before being on the road and that they have adequate rest time. If a company falsifies driving records to allow the driver to continue driving longer than they should, that company is responsible for the accident.
Where does the money come from to pay for lawsuits?
You may wonder how a trucking company can afford to pay for lost lawsuits and how the court decides fees for the company if found guilty. Several factors go into a ruling from a judge. The nature of the accident will be the first thing they look at. Was the wreck caused by the negligence of the driver or a malfunction due to improper vehicle care? The answer to this is most likely yes if you’ve decided to file a lawsuit against the company.
The court will then inspect the companies’ history. If the company has multiple safety violations or other negligent instances, that develops a pattern. In these cases, the court may also award punitive damages to punish the company for its continued negligence. This not only sends a message to that company but also to other trucking companies.
So, where does that money come from? Trucking companies have insurance for this reason. If they are sued, they have insurance to pay for fines and damages to the injured party and the court system.
Are there any instances where you can’t sue a trucking company?
One thing to consider when looking to sue a trucking company is the status of the driver within the company. If the driver is a full employee of that company, then you can. Being an employee of a trucking company means that the driver exclusively receives assignments and routes from the company. If the driver is a contract worker, it might be more difficult to sue the company for the accident. Contract truck drivers often split their time between multiple companies and often own their own semi-truck. In this instance, it might be hard to prove one trucking company is at fault for that driver’s actions.
What can you do after an accident?
If you’ve been in a trucking accident, you need to consult with a reputable lawyer who knows the ins and outs of the industry. This will protect you and your interests when looking to sue a trucking company. If you’ve been in an 18 wheeler accident in the Midland, Texas, Odessa, Texas and the Permian Basin areas, contact Borland Phiffer Law. The lawyers at Borland Phiffer Law are trained to know how to handle 18 wheeler accidents in the Midland, Texas, Odessa, Texas and the Permian Basin areas and are trained to know how to keep the trucking company from shifting blame onto other sources.