Accidents involving semi-trucks can result in devastating injuries and life-altering consequences due to the sheer size and weight of these vehicles. Victims are often left with mounting medical bills, lost income, and significant emotional distress. If a semi-truck has hit you or a loved one, you may wonder, “Can I sue a semi-truck driver after an accident?” The short answer is yes—whether you file a claim against the truck driver, the trucking company, or both depends on the specifics of the accident.
In this article, we’ll break down when a truck driver may be held personally liable, when the trucking company might share responsibility, and what steps you can take to protect your rights.
When Is the Semi-Truck Driver Negligent or Liable?
In many cases, the individual truck driver can be held liable for the accident if their negligence contributed to the crash. Examples of negligence by a truck driver include:
- Driving While Fatigued: Despite federal regulations limiting service hours, some drivers violate these rules to meet tight delivery schedules, increasing the risk of accidents.
- Distracted Driving: Using a phone, eating, or any other distractions can cause a driver to lose focus and cause a crash.
- Driving Under the Influence: Alcohol or drug use, even prescription medications that impair reaction time, can make a driver unfit to operate a semi-truck.
- Reckless or Aggressive Driving: Speeding, tailgating, or making unsafe lane changes can lead to catastrophic collisions.
- Improper Truck Maintenance: If the driver is responsible for maintaining certain aspects of their vehicle (such as checking tires or brakes) and fails to do so, they may be held accountable.
If the truck driver’s negligence caused the accident, you may be able to file a claim against the driver directly. A semi-truck accident lawyer can help evaluate the details of your case and determine the driver’s level of fault.
When Is the Trucking Company Liable?
Trucking companies often bear significant responsibility for accidents involving their vehicles. These companies are required to comply with strict federal and state safety regulations, including hiring qualified drivers, maintaining their fleets, and ensuring compliance with hours-of-service rules. A semi-truck accident lawsuit may target the trucking company if their negligence contributed to the accident.
Instances when the trucking company may be liable include:
- Negligent Hiring Practices: If the company hires a driver with a history of reckless driving, DUI, or insufficient training, they can be held accountable.
- Failure to Maintain Vehicles: Trucking companies must regularly inspect and maintain their vehicles. The company may be liable if a mechanical failure due to poor maintenance caused the crash.
- Pressure to Violate Regulations: Some companies push drivers to exceed federally mandated hours-of-service limits or ignore safety protocols, putting everyone on the road at risk.
- Inadequate Driver Training: Proper training is essential for operating large commercial vehicles. If the trucking company failed to provide adequate training, they could share liability.
Trucking companies often have extensive insurance policies and legal teams, making these cases more complex. An experienced lawyer can help navigate these challenges and fight for fair compensation.
Shared Liability in Semi-Truck Accidents
In some cases, the truck driver and the trucking company may share liability. For instance, if the driver was speeding but the truck’s brakes also failed due to poor maintenance, both parties may be responsible for the accident. Shared liability doesn’t reduce your ability to seek compensation, but it does require careful legal analysis to assign fault appropriately.
Steps to Take After Being Hit by a Semi-Truck
If you’ve been hit by a semi-truck, taking the right steps can protect your health and strengthen your legal case:
- Seek Medical Attention: Your health is the top priority. Some injuries may not appear until days later or may appear less severe than they are.
- Document the Scene: Take photos of the accident scene, vehicle damage, and any visible injuries.
- Report the Accident: File a police report, as this can be valuable evidence in your case.
- Gather Information: Collect contact and insurance details from the truck driver and any witnesses.
- Avoid Speaking with Insurance Companies: Insurance adjusters may try to minimize your claim. Consult with a semi-truck accident lawyer before providing any statements.
- Consult an Attorney: A lawyer can help investigate the accident, determine liability, and guide you through the legal process.
Types of Compensation You May Be Entitled To
Victims of semi-truck accidents may be eligible for several types of compensation, including:
- Medical Expenses: Covering hospital stays, surgeries, rehabilitation, and ongoing care.
- Lost Wages: Reimbursement for missed work and reduced earning capacity.
- Property Damage: Compensation for repair or replacement of your vehicle.
- Pain and Suffering: Addressing the emotional and physical impact of the accident.
- Punitive Damages: In cases of egregious negligence, additional damages may be awarded to punish the responsible party.
Final Thoughts
Accidents with semi-trucks often leave victims with pressing questions about how to move forward. Understanding who may be held accountable, how compensation is determined, and what steps you can take to protect your claim is essential. Legal cases involving trucking companies can be particularly complex due to overlapping responsibilities between the driver and the company and extensive insurance policies.
If you’re unsure about your next steps, consulting with a legal professional can provide clarity and peace of mind. Our team is here to help you navigate the legal process, from identifying liable parties to negotiating fair compensation. Request a free consultation today, and let us help you pursue the justice and financial recovery you deserve.
