Do You Sue the Driver, the Company, or Both After a Trucking Accident?

Truck Accident
|

If you’ve been injured in a trucking accident, you’re probably dealing with a flood of emotions, mounting medical bills, and countless questions. One of the most pressing? Who’s responsible for the accident—and who do you sue? The driver, the company, or both?

The short answer is that it depends. The long answer involves understanding liability, the relationship between the driver and the trucking company, and what caused the accident in the first place. Don’t worry—we’ll break it all down for you.

Understanding Trucking Accident Liability

Trucking accidents are legally complex because they often involve multiple parties. It’s not always as simple as pointing to the truck driver and saying, “It’s their fault.” To determine who’s liable, we need to consider what caused the accident and who holds legal responsibility for that cause.

Some common causes of trucking accidents include:

  • Driver error (like speeding, fatigue, or distracted driving)
  • Mechanical issues (such as brake failure or tire blowouts)
  • Improper loading of cargo
  • Poor maintenance on the truck
  • Company policies that encourage unsafe driving (e.g., unrealistic delivery deadlines)

Each scenario can potentially point a finger at the driver, the company, or both. Here’s how liability plays out in different cases.

When the Driver is Liable

In some situations, the truck driver’s negligence makes them personally responsible for the accident. For example:

  • The driver was texting, speeding, or otherwise distracted when the accident happened.
  • They ignored traffic laws, such as running a red light.
  • They were under the influence of drugs or alcohol.

If the driver’s actions were reckless or negligent, they can be held accountable for the harm they caused. However, it’s rarely just about the driver, especially if they were working for a trucking company at the time.

When the Trucking Company is Liable

More often than not, trucking companies shoulder at least part of the blame. Why? Because they’re responsible for ensuring that their vehicles and employees are safe. Under the legal principle of vicarious liability, companies can be held accountable for the actions of their employees while they’re “on the job.”

For instance:

  • If the driver was fatigued and caused the accident, the company might be liable if they pushed the driver to exceed federally mandated hours-of-service limits.
  • If a mechanical failure caused the crash, the company could be responsible for failing to maintain the truck properly.
  • If cargo wasn’t secured correctly, the company (or whoever was responsible for loading the truck) might be held accountable.

It’s also worth noting that some companies cut corners by hiring inexperienced drivers, skipping training, or failing to vet their employees. If negligence in hiring or training played a role in your accident, the company could be directly liable—not just vicariously.

When Both the Driver and the Company May Be Liable

There are cases where both the driver and the trucking company share responsibility. For example:

  • The driver was speeding because the company pressured them to meet an unreasonable delivery deadline.
  • The company failed to maintain its truck, but the driver ignored warning signs of mechanical failure.

Determining liability in these situations can get complicated fast. That’s why working with a personal injury attorney who understands trucking accident laws is crucial.

Why This Matters for Your Case

Establishing liability isn’t just about naming names—it directly impacts the compensation you may be entitled to. Truck drivers, as individuals, often don’t have enough personal assets to cover the costs of a devastating accident. Pursuing a claim against the trucking company is often the best strategy. These companies typically have large insurance policies and resources to cover damages like medical bills, lost wages, and pain and suffering.

But keep in mind that trucking companies don’t make this easy. They have teams of lawyers working to protect their interests—and their bottom line. They’ll investigate the accident immediately and look for ways to deny liability. That’s why you need your legal team fighting for you.

Real-Life Example: How Liability Unfolds

Imagine this scenario. You’re driving down the highway when a large commercial truck suddenly cuts into your lane, colliding with your car. You suffer a serious injury, and your vehicle is totaled. You later learn that:

  • The driver had exceeded their legal hours of driving and was severely fatigued.
  • The trucking company knew the driver’s schedule violated safety regulations but encouraged it to meet delivery deadlines.

Here, both the driver and the company could be held liable. The driver acted negligently while fatigued, and the company contributed to the accident by ignoring federal safety rules.

An attorney would pursue compensation from the company’s insurance policy while holding the driver accountable for their actions as well.

Miami Lakes Truck Accident Lawyer

Navigating the aftermath of a trucking accident can be a daunting task, but understanding the legal landscape and the factors that influence liability can empower victims to make informed decisions. If you or a loved one has been involved in a trucking accident in Miami Lakes, FL, consider reaching out to Steszewski Law for expert legal guidance. Our experienced team is dedicated to helping you secure the compensation you deserve and providing the support you need throughout the legal process. Contact us today at (888) 342-6840 to learn more about how we can assist you in your pursuit of justice.

Categories: 
Share To: