Compassionate Counsel. Committed Advocacy

Can you sue a truck company for your accident?

On Behalf of | Aug 1, 2022 | Car Accidents

Given the sheer size of semi-trucks, they can cause extensive damage when they’re involved in an accident. In far too many instances, victims of these wrecks are left with serious, sometimes even catastrophic injuries. If you or a loved one has been harmed in one of these crashes, then you’re probably looking for answers and trying to find a way to pay medical bills and meet your everyday needs.

We know that can be enormously stressful. But don’t lose help simply because you’re worried about what the future has in store for you. Instead, get motivated to build your personal injury case so that you can advocate for the outcome that is best for you.

Can you sue a truck company?

Absolutely. In fact, filing a personal injury claim against the trucker who caused your accident and his or her employer is probably the best way to ensure that you recover the compensation that you’re owed. This is because truck companies have a larger pool of resources that are better able to pay out damages. However, to win on one of these vicarious liability claims, you’re going to have to prove certain elements.

How do you prove a vicarious liability case against a truck company?

If you plan on suing a truck company, then you’ll have to prove a few things. Primarily, you’ll have to show that the trucker was employed by the truck company and performing his or her assigned job duties at the time of the wreck. You can establish this by obtaining trucking logs and taking testimony from the truck driver about what they were doing at the time of the accident.

What defenses will you face?

As you proceed with your personal injury claim, you’re likely to encounter a number of aggressive defenses. From an individual trucker, you might face the usual defenses, including comparative fault. When it comes to the truck company, though, you might face any of the following:

  • Frolic and detour, where the truck company argues that it shouldn’t be held accountable for the wreck because its employee was doing something other than performing his job duties when the wreck occurred. This might include taking an unprescribed route or engaging in a personal errand.
  • Third-party liability, where the truck company acknowledges that someone is to blame for the crash, but it tries to shift that fault onto some other driver in an attempt to escape liability. It’s true that one of these third-parties may be partially to blame for your accident, which is why it’s important to make sure that you include all responsible parties in your claim.
  • Road conditions, where the truck company argues that no one is really to blame for the accident and therefore it shouldn’t be held liable for any damages suffered. This strategy might focus on the fact that there was a hazard in the road or that weather conditions were poor. Either way, you can still assess how the trucker responded at the time to see if he acted appropriately.

Fighting for a just outcome

The compensation that may be recoverable through a personal injury lawsuit can provide you with the stability and the resources that you need to get by while you focus on your recovery. And that’s the most important thing following a devastating truck accident.