When you get into an accident with a commercial truck or 18-wheeler, it’s normal to think about holding the driver accountable for their actions, especially if you were obeying all of the laws of the road at the time of the accident. But did you know that the driver may not be the only person or entity that you can hold accountable for the accident? Every accident is different, but you may be able to sue the trucking company for the accident with help from your Chicago truck accident attorney. Let’s take a closer look at this option.
The Trucking Company Can Be Liable
Though many accident lawsuits involve suing the truck driver, you can legally sue the trucking company who hired the driver if the accident occurred when the driver was on the clock. You can also sue the trucking company if their actions ultimately caused the accident, even if the driver isn’t independently liable for the accident.
Why? Because it’s the trucking company’s responsibility to ensure that their fleet is properly maintained, that the trailer is loaded correctly, and that drivers are given the ability to follow proper safety regulations. If the trucking company breached their duty of care, you may be able to hold them accountable and recover damages from the company.
When Should You Sue a Trucking Company?
Ultimately, making the decision to sue the truck driver, the trucking company, or both is up to you. You’re not required to sue after a trucking accident. However, you can and should explore your options even if the accident is minor.
Your Chicago truck accident attorney will review your case and help you decide if suing anyone is in your best interest. And if it is, they’ll help you figure out if the trucking company is liable for your injuries. Remember, suing the company for a violation of their duty of care not only gives you a chance to get a better settlement—it also holds the company accountable for their actions and may protect others in the future.
You’ll Need to Prove Negligence
To successfully sue the trucking company, you’ll need to be able to show that the trucking company acted in a negligent manner. Here’s what that might look like:
- Poor vehicle maintenance: Trucking companies must maintain their fleets. If a lack of maintenance caused or contributed to the accident, they may be negligent.
- Inadequate driver training: Companies are also required to train their drivers. If they haven’t properly trained their newer drivers or kept up with industry standards, they may be liable for damages.
- Poor or improper hiring practices: Drivers should be fully licensed anytime they’re behind the wheel. If the company hired inexperienced drivers, drivers without licenses, or drivers who are deemed physically unfit, they may be liable for damages.
- Violations of federal safety regulations: Companies are required to follow federal safety regulations including letting drivers pull over and rest at a regular cadence. If the company required the driver to work overtime or to work through a rest break, they may be liable.
Again, your attorney will help you figure out if the trucking company acted negligently and is liable for your injuries.
What to Do if You’re Involved in a Truck Accident
If you’re involved in a truck accident, seek medical attention immediately and contact an attorney as soon as you’re able. They’ll be able to investigate the accident and help you hold the responsible parties accountable for their actions, whether you’re suing the driver or the trucking company who hired them.
At Fabbrini Law Firm, our team is here to help. Contact us today to schedule a free consultation and learn more about your options.