Trucker vs Trucking Company: Who Is at Fault?

A truck accident can be devastating. If you or a loved one has been injured in a truck accident, you may deserve compensation. When dealing with a truck accident, liability may not always be cut and dry. It is important that you know who to file the lawsuit against. When it comes to trucking accidents, you may potentially sue the driver or the trucking company. Here is how you know who to file suit against.

When to Sue the Driver

If you are in an accident with a trucker, you can treat it the same way that you would with another passenger vehicle. If the trucker was negligent, then he or she is at fault. For instance, if a trucker is distracted or falls asleep, he or she would be at fault for any accident that he or she causes. In these cases, you can sue the driver for damages. However, the driver may not be the only one at fault.

When to Sue the Trucking Company

In accidents between two passenger vehicles, you normally only file a lawsuit against the driver. When it comes to trucking accidents, there is always a possibility that it is the trucking company’s fault too. Trucking companies exact a lot of control over their workers. They can give the drivers incentives to ignore the regulations. Often, this involves pushing drivers to continue to drive despite working long hours and being tired. In addition, the trucking company may skip maintenance that leads to an accident with the truck.

When to Sue Both

If you were injured in a truck accident, you may not have to choose between the driver and the company. You can file the lawsuit against both parties. It is the driver’s duty to follow all regulations and to operate the vehicle safely. In addition, the companies have a lot of control over their drivers. If both could be held accountable, then you can sue both. Of course, in both cases, you have to make sure that you have plenty of evidence.

Truck accidents are devastating. They can result in extensive damages, injuries, and even death. When you are involved in a truck accident due to someone else’s negligence, you may be trying to figure out who to hold accountable. This can be difficult. Liability law can be confusing, but when it comes to truckers, it can be even more complicated. To help you with your truck accident case, contact a truck accident lawyer, like a Virginia truck accident lawyer, as soon as possible.

Thanks to Martin Wren, P.C. for their insight into who is at fault in a trucking accident.

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