Suing a Trucking Company for Personal Injury
Any type of car accident can leave you with significant injury – not to mention the financial and emotional damage that often is left behind. However, a wreck involving an 18-wheeler or other large truck often leaves much more horrific damage. But, because of the complexity of this type of accident, many individuals do not know how to move forward in pursuing legal restitution. In fact, many people do not even know what type of lawyer to hire after a crash!
So, can you sue a trucking company for personal injury? Yes! A personal injury caused by a trucking company is certainly a complex legal matter. You may need to sue the truck driver in addition to the trucking company. For this reason, you must work with a lawyer who is experienced in representing both personal injury and 18-wheeler wreck cases.
Depending on the extent of the injuries you received in your accident with an 18-wheeler, you may face a lifetime of recovery and recurring medical conditions. For this reason, you must pursue adequate legal restitution. While financial restitution will not reverse your injuries, it will allow you to focus more fully on your physical recovery.
In this post, we will discuss some of the complexities involved in suing a trucking company for personal injury. We will also walk through an overview of the process so that you can prepare properly. We hope that this information will provide you with the steps you need to move forward in your recovery.
What Qualifies as Personal Injury?
Personal injury is essentially any type of physical injury that occurs as the result of an accident caused by another person or company. Examples of personal injury cases range from simple slip and fall accidents caused by negligence to wrongful death claims.
Personal injury caused by a trucking company would be any type of physical injury that you or a loved one received as a result of an accident in which the truck driver or company was at fault. The impact of an accident with an 18-wheeler often extends beyond physical injuries. In most cases, victims will experience lost wages, excessive medical bills, and sometimes even lasting physical implications.
Regardless of the severity of your injuries, you must consult with a personal injury lawyer who is familiar with 18-wheeler wrecks. This will provide you with the greatest insight as to whether or not you have just cause to sue the trucking company.
Types of Personal Injury Caused By a Trucking Company
Unfortunately, large trucks and 18-wheelers can cause incredible amounts of damage due to their size and weight. The types of injuries that an individual can receive in an 18-wheeler wreck include everything from basic strains and fractures to death.
Some of the most common types of personal injury caused by trucking companies include soft tissue injuries, broken bones, burns, whiplash, spine injuries, head injuries, brain injuries, and internal damage. In addition to the physical injuries one may receive, 18-wheeler wrecks can also cause significant emotional damage and turmoil due to their severity.
Suing the Truck Driver vs. Suing the Trucking Company
When it comes to suing a trucking company, there are a few things you must consider to determine the route you will take. Unfortunately, wrecks involving a trucking company are far more complex than your everyday fender-bender. For this reason, you must work with a lawyer who is familiar with the trucking industry along with its various complexities.
Is the Truck Driver an Employee or Independent Contractor?
Not all trucking companies operate under the same type of structure. While some trucking companies hire their drivers as employees, others work with drivers who are independent contractors.
In either situation, you may find it necessary to sue both the truck driver and the trucking company. However, if the driver is an employee of a trucking company, you will likely have better results suing the trucking company.
If the truck driver is an independent contractor for the trucking company, you may still be able to sue the trucking company if you determine that they are at fault.
Does the Trucking Company Display Evidence of Negligence?
The basis of any personal injury case is establishing proof of negligence. Personal injuries are injuries that are caused due to another person’s negligence. In many cases, 18-wheeler wrecks can be traced back to negligence within the trucking company.
Some examples of possible negligence in a trucking company include poor training procedures, faulty hiring practices, failure to properly maintain their trucks or equipment, or poor scheduling resulting in tired drivers.
These are just a few of the areas that you will need to investigate, alongside your lawyer, as you begin to formulate your personal injury case against the trucking company.
How to Sue a Trucking Company Following an Injury
So, how do you proceed when you or a loved one is injured in an accident involving an 18-wheeler or other large truck? Each case will vary to some extent. However, there are some basic steps that you must take to begin the personal injury process.
Gather Medical Bills, Police Reports, & Other Documentation
First, you will need to gather your medical bills, police reports, and other relevant documentation. This may include pictures, witness accounts, and more. Your lawyer will need this information to begin formulating your personal injury case against the trucking company.
Compiling this information ahead of time will simplify the process and expedite your case. Once you begin working with your personal injury lawyer, they will be able to provide you with more information regarding the specific documentation they will need to complete the process.
Contact an Experienced Personal Injury Lawyer
Next, contact an experienced personal injury lawyer in your area. It is best to work with a personal injury lawyer that also represents victims of 18-wheeler wrecks. A personal injury case involving a trucking company requires a certain level of skill and expertise.
Most personal injury lawyers offer complimentary consultations. During this time, you can discuss your case and determine a route forward. Do not feel as if you must hire the first lawyer you meet. Take your time to find a personal injury lawyer with whom you feel comfortable and confident. Be sure to research reviews left by past clients, especially if they were involved in a similar case.
Taking your time to hire a personal injury lawyer with whom you are confident will eliminate the possibility of switching personal injury lawyers down the road.
Identify Areas of Negligence Leading to Personal Injury
Once you begin working with your personal injury lawyer, you will identify areas of negligence that led to your injury. This often involves research into the driving history of the truck driver. Additionally, you may research the history and standard practices of the trucking company. The goal of this process is to establish a case against the trucking company. The end result is financial restitution for your injury.
Consider Other Parties That May Be Held Responsible
It is also important to consider any other parties that may be held responsible for your accident. For example, if faulty truck parts caused the accident, you may be able to sue the manufacturer. In some cases, you may also be able to file a claim against the company. Additionally, technicians who perform regular maintenance on the truck may also be responsible.
After completing these initial steps, your lawyer will continue to guide you through the process towards resolution.
Working With a Lawyer Who Understands 18-Wheeler Wrecks
Is it really important to work with a lawyer who has experience in representing victims of 18-wheeler wrecks? Is this not just a standard personal injury case? There are several reasons why you should work with a personal injury lawyer who is also experienced in the area of 18-wheeler wrecks.
Understands Complex Trucking Rules & Regulations
The trucking industry is quite complex. In addition to the various dynamics between truck drivers, trucking companies, and the truck itself, there are also countless trucking rules and regulations. Both state and federal regulations govern truck drivers. There are also other aspects to consider such as truck maintenance, licensing, and driving records, to name a few.
An 18-wheeler wreck lawyer will have an understanding of these complex trucking rules and regulations. This will allow them to better formulate your personal injury claim against the trucking company.
Understands the Complexities of Suing a Trucking Company
As we mentioned previously, not every 18-wheeler wreck directly involves suing a trucking company. In some cases, the only party that is responsible is the truck driver who works in an independent contractor capacity. For this reason, it is important to work with a lawyer who understands the complexities of suing a trucking company.
If you do have grounds to sue the trucking company, you must go up against the corporate lawyers. This is much different than a typical car accident case involving another individual. A personal injury lawyer with a background in 18-wheeler wrecks will provide you with the best possible outcome following your injury.
Begin Your Road to Recovery Today!
If you or a loved one has suffered an injury as the result of an accident with an 18-wheeler or other large truck, you must seek restitution and resolution. In most cases, there is a time limit as to when you can submit a personal injury case against a trucking company. To have the best outcome, you must begin working with a Huntsville personal injury lawyer immediately! You deserve a full recovery following your accident!
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