Insurance claims don’t always cover the expenses of people seriously hurt in truck accidents. While you may already know you can sue the truck driver, can you also sue the trucking company for injuries? Yes, and you should. In this post, Bringardner Injury Law Firm answers your questions about truck accident liability.
Who Is at Fault in Truck Accidents?
When you and a commercial truck collide, your first thought may be to blame the truck driver. While drivers are often at fault, they are not the only potentially legally liable party in a truck accident. Below are some examples.
- Truckers: The truck driver may be liable for careless or reckless actions like driving while intoxicated or fatigued.
- Employers: The trucking company or “motor carrier” may be responsible for hiring unqualified drivers or neglecting vehicle maintenance. Anytime a truck driver is driving under the motor carrier authority of a trucking company, the trucking company’s insurance carrier will be primarily responsible for paying your claim.
- Cargo companies: Truck loaders may be to blame for exceeding the weight limit or improperly securing cargo.
- Manufacturers: If mechanical failure or faulty safety features contributed to the accident, you may file a product liability claim against the manufacturer.
When Is the Truck Driver Responsible for the Accident?
Because of the dangers their vehicles pose to others, commercial truck drivers must follow strict rules to keep everyone safe. Courts may find them legally responsible for accidents when they act carelessly, such as:
- Being careless
- Driving under the influence
- Driving while distracted or fatigued
- Committing dangerous maneuvers
- Violating traffic laws
- Exceeding hours-of-service limits
When Can I Sue a Trucking Company for My Injuries?
Trucking companies are always liable for accidents where the truck driver is at-fault while driving on-the-job for the trucking company. However, trucking companies also be liable when they:
- Hire unqualified employees: Truck drivers must have valid licenses, clean driving records, and the ability to operate their vehicles safely. If the employer fails to screen drivers carefully, you may sue the trucking company for your injuries.
- Fail to monitor drivers: Employers are legally responsible for ensuring employees safely operate vehicles. Trucking companies must monitor driver performance, perform routine drug testing, and adhere to federal regulations.
- Neglect fleet maintenance: Trucking companies must also service and replace their vehicles as needed. Failing brakes, blown tires, and other mechanical issues can contribute to an accident.
What Compensation Can I Pursue After a Truck Accident?
South Carolina personal injury laws permit truck accident victims to seek three types of compensation:
Economic Damages
Economic damages reimburse victims for the monetary costs of their accident. These include the following:
- Medical expenses
- Lost income from missed time at work
- Property damage, such as vehicle repairs
Non-Economic Damages
These cover the more intangible losses from an accident, such as the following:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
Punitive Damages
In cases of particularly egregious conduct, a court may award punitive damages. Rather than compensating truck accident victims for their losses, punitive damages are intended to punish and deter defendants for their reckless actions.
How Can an Attorney Help Me Sue a Trucking Company?
When you sue a trucking company for injuries, it is more complicated than a typical car accident case. Your attorney must understand industry regulations, secure evidence from the trucking company and several other companies, and evaluate the facts of the case.
An experienced truck accident lawyers at Bringardner Injury Law Firm can do all that and more. Our attorneys will handle all aspects of your legal claim, including the following:
- Investigating the truck accident
- Proving fault of the negligent party
- Analyzing data from the truck’s black box
- Calculating your claim’s potential settlement value
- Filing the relevant paperwork
- Negotiating with the insurance companies
- Protecting your rights
- Representing you in court
- Taking the case to trial if necessary
Contact Us for Help After a South Carolina Truck Accident
Trucking accidents can have severe physical and financial impacts. If you are involved in an accident with a truck, consulting with our experienced team of attorneys can be critical in ensuring your rights are protected and getting the maximum compensation for your pain and suffering.
Contact one of the experienced truck accident lawyers at Bringardner Injury Law Firm today. Call 843-380-5299 or contact us online for a free consultation.