Yes, you can sue the trucking company for your truck accident under certain circumstances. There are several potentially liable parties after a truck accident, including the driver, the warehouse that loaded the trailer, the truck manufacturer, the mechanic, and the trucking company. In this blog, we will discuss potential trucking company liability in a truck accident and how you can sue a trucking company for a truck accident. Contact us today to speak with a truck accident lawyer!
Trucking Company Liability in a Truck Accident
Many parties may be liable for injuries and damage caused by a truck accident, and one of the most common entities that can be held accountable is the trucking company.
The trucking company can be liable for several reasons. Under certain circumstances, any employer or business can be held accountable for its employees’ actions, which is true in a truck accident. The trucking company owns and controls the trucks that its employees drive and is responsible for hiring and training its employees.
The trucking company must be diligent and responsible in its hiring process. Specifically, the company must perform thorough background and driving record checks to ensure their potential employees and drivers have a clean record. In addition, truck drivers must maintain a commercial driver’s license (CDL) to operate most commercial trucks lawfully. If the company fails to vet their potential drivers thoroughly, they may be held liable for injuries the driver causes.
Adequate Training and Safety
The trucking company is also responsible for adequately training its employees and following proper protocols, rules, and regulations. If the trucking company pressures its drivers to make impractical deadlines in an unsafe timeframe, it can increase the likelihood of an accident. The trucking company can be held liable if they fail to train or supervise their drivers and place unsafe expectations on them.
Determining Truck Accident Liability in Colorado
You might be wondering, if so many people and entities can be held liable for a truck accident, how do I know if I should sue the trucking company? The truth is that determining fault in a truck accident can be challenging and can best be accomplished by employing the help of experts and professionals. In fact, most of the work that will go into a successful claim against the trucking company will happen well before you ever get to court.
As the injured plaintiff, you must prove:
- The trucking company owed you a duty of care;
- The trucking company breached that duty of care;
- The truck accident and the trucking company’s negligence caused your injuries; and
- You suffered damages (e.g., medical bills, lost wages, and pain and suffering) due to the accident.
These are the basic elements of negligence and are the most likely cause of action you will have against the trucking company. To prove these elements, it is essential to gather as much credible evidence as possible, including:
- The police and accident report,
- Medical records and bills,
- Eyewitness statements,
- Personal photos and video,
- Surveillance video,
- Vehicle data (including maintenance records),
- Cell phone records,
- Expert reports and testimony, and
- Accident reconstruction.
Our truck accident attorneys will assist you in gathering all the necessary information, documents, and evidence to prove your case.
Potential Compensation in a Truck Accident Claim
If you successfully prove the trucking company contributed to the cause of the crash, you have the right to seek compensation for your damages. These can include, but are not limited to:
- Past and future medical expenses. Medical expenses can include costs of hospital stays, surgery, physical therapy, primary care services, and any future related medical needs.
- Lost wages. If you suffer a severe injury that leaves you unable to work, you can recover those lost wages and monetary compensation for lost earning capability if you are rendered permanently unable to work.
- Pain and suffering. This is meant to compensate you for the emotional, mental, and physical trauma you suffered as a result of the accident.
- Property damage. The cost to repair or replace your car and any other possessions lost or damaged in the accident.
Colorado is a comparative negligence state, which means you will not be barred from recovery even if you are found to contribute to the cause of the accident unless your negligence is greater than the defendant’s.
All of these reasons make it essential to consider hiring a lawyer. You need a fierce advocate ready to prove your case and defend any of your alleged liability in an attempt for the defendant to douse their own.
Why Should You Hire a Lawyer if Contemplating Suing a Trucking Company?
Truck accidents often lead to more severe injuries than the average passenger vehicle collision. After a big rig accident, victims face physical, emotional, financial, and legal challenges. Trucking companies and their insurance carriers can quickly deny or undervalue accident claims. While there is no legal requirement to hire an attorney to pursue a commercial truck accident claim or lawsuit, we strongly encourage any accident victim to consult a lawyer before proceeding.
Our attorneys are experienced in the law, procedure, and venues relating to commercial truck accident claims. We can help ensure your case against the trucking company has the best chance of success.
Investigation and Discovery
Truck accidents often require an extensive investigation period. Gathering all the necessary puzzle pieces to determine what happened can be challenging and take time. Our team will help expedite the process and analyze any evidence and discovery relating to the case.
Navigating Law and Trucking Regulations
When dealing with a truck accident, you must understand and be well-versed in Colorado law and federal trucking regulations. Our attorneys have an extensive understanding of the applicable rules and regulations.
Negotiating with the Trucking Company and Its Insurance Provider
Many trucking companies are large corporations with deep pockets, significant insurance policies, and competent legal teams. They are known for using strategies to try and minimize your damages and reduce your compensation. A Colorado truck accident attorney levels the playing field between the accident victim and the trucking company. We know what to look for, can anticipate their tactics, and are skilled at negotiating fair compensation.
While most truck accident cases will be resolved in a settlement, many are not. No matter the case, we will fight to ensure you receive the most compensation possible.
Colorado Truck Accident Attorneys
At Gerash Steiner Blanton, P.C., we have decades of trial litigation experience. We will fight for you in and outside of the courtroom. With our help, you can hold the trucking company liable for your injuries and damages. If you were injured in a truck crash in or around the Denver metro area, contact us today for a free initial consultation.