How to File a Lawsuit Against a Commercial Trucking Company

The commercial trucking industry in the United States is massive and has experienced some of the most rapid growth of any industry in the United States. The American Trucking Association reports that over 72% of all freight is transported by commercial trucks. The commercial trucking industry generates around 900 billion annually in the United States. Over 40 million trucks are registered in the United States for commercial use, and commercial vehicles travel nearly 300 billion miles yearly.

The number of commercial trucks on the road in North Carolina and throughout the United States and their revenue is enormous. Although 18-wheelers and other large vehicles play a crucial role in our everyday lives and are essential to the economy, victims become injured in trucking accidents yearly.

Due to the number of commercial trucks on the road, the significant distance they travel, and the large size and weight of these vehicles, they are responsible for some of the most devastating auto accidents. If you have been injured in an accident involving a commercial truck, it is important that you understand your rights. You may be entitled to compensation for your damages, including your medical expenses and lost income.

You may be wondering whether you can pursue compensation from the trucking company responsible for your injuries. If you can prove that the truck driver or trucking company's negligence caused the truck accident, you can sue a trucking company. Essentially, anyone injured in a commercial truck accident has the right to file a lawsuit against the trucking company.

Victims who were injured in the accident can pursue compensation for their medical expenses, lost wages, and pain and suffering. The deceased victim's family can pursue a wrongful death lawsuit against the truck driver or trucking company for funeral and burial expenses, medical expenses, lost income, and other damages. Finally, if a truck accident causes damage to property, including a home or another piece of property, the owner can file a lawsuit against the trucking company.

You must prove liability if you pursue an insurance claim against the trucking company or driver or a personal injury lawsuit. Defendants are liable when their negligence or recklessness caused the accident that resulted in the victim’s injuries. Negligence means that the trucking company or employee did not use reasonable care under the circumstances to prevent injuries to others.

When it comes to trucking accidents, negligence can refer to multiple things, such as that the truck driver was distracted, the truck was not properly maintained, the truck driver was operating the vehicle at reckless speeds, or the truck driver fell asleep while driving. The trucking company could be liable if they pressured their employees into driving without taking federally mandated breaks. They could also be liable for negligently hiring a dangerous truck driver.

If you have been injured in a trucking accident, your best option for recovering compensation may be to pursue a lawsuit against the trucking company. Trucking companies generally have more assets than truck drivers and usually carry commercial insurance policies. If you have been in a truck accident with a commercial vehicle, the best thing you can do is contact an attorney who can help you pursue a lawsuit against the company. Under North Carolina law, victims can pursue lawsuits against commercial trucking companies by filing a lawsuit in the appropriate civil court.

Victims only have a limited amount of time to file their lawsuit before the statute of limitations prevents them from doing so. In some cases, pursuing a lawsuit may not be the best option. You may be better off pursuing a claim through the commercial insurance policy of the trucking company. It is important to remember that even if you have evidence that you have been seriously injured, it is not always easy to recover the total compensation you deserve. Insurance companies will try to decrease the compensation you receive, or they may deny your claim outright. Working with an attorney can help you protect your interests.

If you are interested in pursuing a lawsuit against a commercial trucking company in Charlotte, North Carolina, the sooner you speak to an attorney, the better. Do not hesitate to contact Arnold & Smith, PLLC, to schedule a complimentary, no-obligation case evaluation to learn more about your legal rights and options.