Do You Sue the Truck Driver or the Trucking Company in a Truck Accident?

Truck accidents can result in severe damage,  catastrophic injuries and even fatalities. When such accidents occur, victims often face the daunting task of seeking compensation for their losses. A critical decision in this process is determining who to sue: the truck driver, the trucking company or possibly both. Understanding the nuances of liability in truck accident cases is essential for ensuring that victims receive the full compensation they deserve. Today, we will explore the factors influencing whether to sue the truck driver or the trucking company in a truck accident.

Understanding liability in truck accidents

Liability in truck accidents can be complex due to the multiple parties involved and the various regulations governing the trucking industry. Understanding the different aspects of liability is crucial to making an informed decision.

Key parties in truck accidents include:

• Truck driver: The individual operating the truck at the time of the accident.
• Trucking company: The entity that owns the truck and/or employs the driver.
• Truck manufacturer: The company that manufactured the truck and/or its components.
• Cargo loaders: The individuals or companies responsible for loading the truck.

Each of these parties may bear some responsibility for the accident, depending on the circumstances. Below are some specific scenarios in which the truck driver or the trucking company might be held liable:

Suing the truck driver

In many truck accident cases, the truck driver is directly responsible for the collision. This responsibility often stems from negligent or reckless behavior. Here are some common scenarios where the truck driver might be liable:

Driver error or negligence: Truck drivers, like all motorists, have a duty to operate their vehicles safely and adhere to traffic laws. When they fail to do so, they can be held liable for any resulting accidents. Common examples of driver error or negligence include:

• Speeding: Driving over the speed limit or too fast for road conditions.
• Distracted driving: Using a mobile phone, eating or engaging in other distractions while driving.
• Fatigue: Falling asleep at the wheel or driving while overly tired, often due to violation of Hours of Service (HOS) regulations.
• Impaired driving: Operating the truck under the influence of alcohol or drugs.

Violations of traffic laws: Truck drivers who violate traffic laws, such as running red lights, failing to yield, or making illegal turns, can be held liable for accidents that result from these actions.

Inadequate training: If a truck driver lacks the proper training or qualifications to operate the vehicle safely, they may be held responsible for accidents caused by their inexperience or lack of skills.

Suing the trucking company

While the truck driver’s actions are often the immediate cause of an accident, the trucking company may also bear significant responsibility. Several factors can lead to the trucking company’s liability.

Vicarious liability: Under the legal doctrine of vicarious liability, employers can be held responsible for the actions of their employees if those actions occur within the scope of employment. This means that the trucking company may be liable for the negligent actions of their drivers while they are performing job-related duties.

Negligent hiring, training, and supervision: Trucking companies have a duty to hire qualified and competent drivers. If a company fails to conduct proper background checks, hires unqualified drivers or neglects to provide adequate training and supervision, it can be held liable for accidents resulting from these failures. Examples include:

• Hiring drivers with a history of traffic violations or DUIs;
• Failing to provide proper training on safety protocols and regulations; and
• Neglecting to monitor driver behavior and performance.

Violation of federal regulations: The trucking industry is heavily regulated by federal laws, particularly those enforced by the Federal Motor Carrier Safety Administration (FMCSA). Trucking companies must adhere to these regulations, which cover aspects such as:

• Hours of service (HOS) rules: There are limits regarding the number of hours a driver can operate without rest.
• Vehicle maintenance: Companies must ensure regular maintenance and inspections of their trucks.
• Driver health and safety: Companies are responsible for implementing drug and alcohol testing programs to identify drivers who are violating these safety standards and laws.

Failure to comply with these regulations can result in the trucking company being held liable for accidents caused by these violations.

Joint liability: Suing both the truck driver and the trucking company

In many truck accident cases, the truck driver and the trucking company may share liability. For example, a driver might have caused the accident due to fatigue, but the trucking company could also be liable for enforcing unrealistic delivery schedules that led to the driver’s fatigue or failing to properly monitor HOS logs to ensure the driver is getting adequate rest as required by Federal Regulations. In such cases, it is often advantageous to sue both parties..

Establishing liability in truck accident cases requires thorough investigation and substantial evidence. Key pieces of evidence that can help determine whether to sue the truck driver, the trucking company, or both include:

• Police reports: Police reports often provide a detailed account of the accident, including witness statements, preliminary assessments of fault and any citations issued to the truck driver.
• Electronic logging devices (ELDs): ELDs track a truck driver’s hours of service, providing critical information about whether the driver was compliant with HOS regulations or driving while fatigued.
• Maintenance records: Maintenance records can reveal whether the trucking company performed regular inspections and maintenance on the truck. A lack of maintenance can indicate negligence on the part of the company.
• Driver logs and employment records: Driver logs and employment records can provide insight into the driver’s qualifications, training and driving history, helping to establish whether the trucking company was negligent in hiring or supervising the driver.
• Surveillance footage and witness testimonies: Surveillance footage from traffic cameras or nearby businesses, as well as testimonies from witnesses, can offer critical evidence about how the accident occurred and who was at fault.

Why you need a lawyer after a truck accident

Navigating the complexities of a truck accident lawsuit requires skills and experience. At Harris Lowry Manton LLP, we can help you understand your rights, gather the necessary evidence, and build a strong case against the responsible parties. Here are some ways our lawyers can assist you:

• Investigation: Your lawyer can conduct a thorough investigation of the accident, collecting evidence and interviewing witnesses to establish liability.
• Negotiation: Insurance companies often try to minimize payouts. Your lawyer can negotiate with the insurance companies on your behalf to ensure you receive fair compensation for your injuries and losses.
• Litigation: If a fair settlement cannot be reached, your lawyer can represent you in court, presenting a compelling case to seek the compensation you deserve.
• Experience in federal and state laws: Truck accident cases involve a unique set of federal and state regulations. Our experienced lawyers understand these laws and can leverage them to strengthen your case.

Determining the liable parties can be complex if you or a loved one has been involved in a truck accident, but you do not have to navigate this challenging process alone. Contact the experienced personal injury lawyers at Harris Lowry Manton LLP today for a free consultation. We can thoroughly investigate your case, identify the responsible parties, and fight to secure the full compensation you deserve. Reach out now to take the first step towards justice and recovery. Please call or use our contact form to schedule a consultation at our offices in Atlanta or Savannah.