How to File a Lawsuit Against a Trucking Company
Since truck accidents usually involve someone who’s conducting business, there are many cases where you can sue the trucking company. You shouldn’t assume that it’s always the case, however. Sometimes, the driver is the only person responsible and from whom you can seek damages. There are also cases when your insurance company will be the ones in charge of compensation. Let’s take a look at how you can file a lawsuit against a trucking company and what to know before you do so.
When Can I Sue a Trucking Company?
If you want to sue a trucking company, you have to demonstrate that there was negligence on their part. This can take many forms. For instance, if it can be shown that the driver was overworked and that the accident was a result of fatigue, then this is grounds to sue. Things like this are not always easy to demonstrate, however, which is why you need to work with 18 wheeler truck accident lawyers with extensive knowledge of how to read logbooks and scour for evidence.
Another example of when you can sue a trucking company is if you can show that there were gaps in the hiring process. Maybe they hired someone with an history of repeated substance abuse or were shown to be inadequate as drivers. You could also sue a trucking company if a defect caused by poor maintenance caused the accident.
When Should I Sue the Driver?
There are many cases when the driver will be the person you’ll need to go after. This will often be the case if: they were under the influence but don’t have a history of it; they falsified their break logs to make up for delays and were fatigued as a consequence; they made a mistake like poorly securing their cargo; or they made conscious choices to break the law, like making illegal maneuvers, using a handheld device, or speeding.
Suing Both the Company and the Driver
Also, know that it’s possible to sue both parties in many cases. There might even be other parties involved, like a repair company or a parts manufacturer. Poor maintenance can fall on both the trucker and their employer, for instance. This is why working with a solid lawyer will be very important here.
How to File a Lawsuit
Before meeting with an attorney, you have to make sure that you have all the evidence from the case. They will be able to review the case and see if you have grounds to sue. If you do, they will file a formal complaint on your behalf. From now on, there will be a process called discovery when both parties can ask for documentation and statements from each other. It’s important to have an attorney by your side at all times so you don’t fall for tricks to discredit your claim. It will then be your choice if you want to accept a settlement or argue the case in court.
This is all you need to know if you want to file a lawsuit against a trucking company. At the end of the day, only a professional will be able to tell you if you have a case and how they can help you.
