Bringing a Lawsuit Against a Large Truck Company After an Accident

Being involved in a truck accident can be a terrifying experience, especially for those who are catastrophically injured. Suppose you or your loved one has been injured in a truck accident in Charlotte or the surrounding area. In that case, we recommend scheduling an initial consultation with one of our personal injury lawyers. We will help you determine who was at fault and develop a strategy to recover the total amount of compensation you deserve. Contact us today to schedule your free initial consultation.

Depending on the facts of your case, you may be able to file a lawsuit against the trucking company that employed the at-fault driver. Victims injured in truck accidents with large semi-trucks can settle with the trucking company and insurance carrier. However, this usually is not in the injured party’s best interest. 

Do not sign a settlement agreement until you have discussed your case with a lawyer. As with other types of insurance companies, commercial truck insurance carriers try to dismiss, diminish, or flat-out deny claims. They often offer victims a settlement amount that is far too low. Representatives work for the insurance company and want to make a profit, not necessarily provide the total amount of compensation you deserve as a victim.

Additionally, do not provide the tracking company itself or its insurance carrier a statement of any kind. Do not sign any releases for your medical records or your employment records. If you sign a waiver, the insurance adjuster will be able to talk to your doctor without anyone else present in the conversation. If you provide a recorded or written statement and unintentionally admit fault, the insurance company can use your admission to deny providing you with compensation.

Once the truck accident has been reported to the trucking company, they may send out their specialized accident investigators. Their investigators will immediately begin investigating the scene of the accident and building a defense. In many cases, significant evidence will go missing or be destroyed at the truck accident scene. If you are the victim of a significant commercial truck accident, it is crucial that you discuss your case with a truck accident lawyer as soon as possible. One of our personal injury lawyers will immediately begin preserving evidence that is crucial to your claim.

After thoroughly investigating the circumstances of the truck accident you were involved in, one of our personal injury lawyers can determine who is at fault. After a truck accident, victims can bring a lawsuit against one or more of the following.

As with any other car accident, the victim has the right to bring a personal injury lawsuit against the driver whose negligence caused the accident. Suppose a driver was texting while driving and veered into your lane, causing your vehicle to roll over and you to suffer serious injury. In that case, you could bring a lawsuit against the truck driver. Some truck drivers are independent contractors, meaning they are not employees of any specific trucking company. In these situations, bringing a lawsuit against the truck driver’s company may not be an option. You can also pursue compensation through the truck driver’s own auto insurance policy.

However, the driver may not be the only person you can sue. Depending on the facts of your case, you may be able to sue the trucking company that hired the driver. In this situation, you could also bring a claim against the company's insurance provider. Trucking companies have a legal responsibility to use reasonable care when hiring truck drivers.

Suppose a truck driver fails to run a background check and discovers that the truck driver has a history of reckless driving. In that case, the victim may bring a lawsuit against the trucking company for negligent hiring. Likewise, suppose the trucking company fails to ensure its employees take enough breaks or keep their commercial driver's license updated. In that case, the victim may be able to sue them for negligent supervision.

Depending on the facts of your case, you may be able to sue a third party. For example, if a mechanic was liable for your improper maintenance of the semi-truck or a manufacturer made a faulty part, you may be able to include them in the lawsuit as defendants.

Has your loved one been seriously injured in a truck accident? Are you concerned about how you will pay for your mounting medical bills while you have to take time off of work to recover? If so, we recommend scheduling a free initial consultation with Arnold & Smith, PLLC. Our experienced personal injury lawyers have successfully obtained millions of dollars in compensation for car and truck accident victims. Contact us today to learn more about the legal services we offer.