Can I Sue the Trucking Company If the Driver Was at Fault? Lubbock Truck Accident Attorneys Explain

Trucking accident liability in Texas can be confusing. Because commercial truck collisions often have multiple potentially responsible parties, you may not know who is legally liable for your injuries and damages. In this post, experienced Lubbock truck accident attorneys help you identify which parties to sue after a crash.

Who Can I Sue After a Truck Accident?

Commercial trucking is a big business and involves many moving parts. When an accident occurs, you may assume it’s the truck driver’s fault. In reality, it could be any one of the following parties:

• The truck driver: The trucker may have been speeding, driving under the influence, or falling asleep at the wheel when the crash occurred.
• The trucking company: Trucking companies may be negligent if they fail to conduct drug testing or force drivers to exceed federal Hours of Service regulations.
• The cargo loader: Companies that overload, improperly load, or load hazardous materials may be liable for truck accidents.
• The vehicle manufacturer: Manufacturers may be held responsible for accidents caused by faulty parts, such as defective tires, brake lines, and steering systems.
• Another driver: Sometimes, another vehicle causes the truck to crash into you, in which case that driver may be at fault.

Skilled Lubbock truck accident attorneys can help you untangle complicated issues of fault and legal liability. 

When Can I Sue the Trucking Company?

You can sue the trucking company if their negligence contributed to the accident. Examples include inadequately screening drivers, not training drivers correctly, not properly supervising staff members, or failing to conduct the required vehicle maintenance.

However, you may also be able to sue the trucking company even when the truck driver is to blame for the crash. Under the legal doctrine of vicarious liability, an employer is responsible for the actions of their on-duty employees. That means when truckers drive recklessly or carelessly, their employers may be liable in commercial truck accident claims.

Why Should I Sue the Trucking Company? 

The law places responsibility on the trucking companies to make sure their drivers are qualified and following all rules and regulations. When a company allows a driver to operate an 18-wheeler under its DOT Operating Authority, that trucking company is also signing up to be responsible if the driver causes an accident. Because of the potential for higher damage and violent impacts, the trucking companies are required to have more insurance coverage than regular vehicles. If you suffered a catastrophic injury — such as a brain injury or spinal cord damage — you may need the higher coverage amount provided by a commercial liability policy.  

Lubbock truck accident attorneys can help you seek compensation for the following damages:

• Past and future medical expenses, including surgery, hospitalization, and physical therapy
• Pain and suffering
• Lost past income and lost future income if you can no longer do your job
• The wrongful death of a close family member

How Long Do I Have To File a Texas Trucking Company Lawsuit?

The Texas statute of limitations for personal injury cases is two years from the date of your injury. While there are a few exceptions (which Lubbock truck accident attorneys can explain), failing to file on time typically ends any chance of filing for trucking accident compensation in Lubbock.

What If the Accident Was Partly My Fault?

Some states bar truck accident victims from seeking compensation if they were only somewhat to blame. Other states allow crash victims to seek compensation even if they were overwhelmingly at fault. In those states, the total compensation amount drops based on the degree of fault.

Texas uses a modified comparative negligence system, which is somewhere in between. That means you can seek compensation for your injuries as long as you weren’t more at fault than the other party. If you have 51% or more liability, you no longer qualify for compensation. 

What Can I Do To Help My Truck Accident Case?

A truck accident can make you feel out of control. Thankfully, you can do a few things to influence the outcome of your case. These include the following:

• Keep a journal: If a lawsuit drags on for months or years, it can be hard to remember the details of your recovery. Log your pain levels, activity restrictions, mental health status, and medical appointments in a notebook.
• Avoid posting on social media: The other party will seek evidence that you were at fault or didn’t suffer severe injuries. They may use your social media posts — even those unrelated to the accident — against you.
• Don’t communicate with the other party: Avoid answering questions from the trucking company, their insurance representatives, or their attorney. Do not agree to a recorded statement or a settlement offer without legal representation.
• Hire a commercial vehicle accident attorney: A Lubbock truck accident lawyer can help maximize your compensation by gathering evidence, working with experienced consultants, and negotiating with the other side.

Contact Our Lubbock Truck Accident Attorneys Today

If you need legal help with a Lubbock truck crash, contact the dedicated team at Fadduol, Cluff, Hardy & Conaway, P.C. Our Lubbock truck accident attorneys have over 65 years of combined experience representing accident victims. Call us at 800-433-2408 or contact us online to schedule a consultation.