Can I Sue a Trucking Company After a Semi-Truck Accident?

Vehicle accidents involving semi-trucks can cause catastrophic injuries. If the trucking company’s negligence contributed to your injuries, you have the right to file a lawsuit seeking compensation for your medical expenses and other damages, such as lost wages.
Examples of truck company negligence include inadequate maintenance, negligent hiring, and improper loading. Finding the right Omaha truck crash lawyer can make a big difference when it comes to seeking the money you deserve.
What Is a Truck Accident Lawsuit?
A truck accident lawsuit is a legal claim pursuing compensation for damages filed by someone injured in a truck accident. These lawsuits are usually based on negligence. That means the injured party must prove the truck driver or company failed to act responsibly, leading to the accident.
It’s a good idea to contact an Omaha truck accident attorney right away, as there are multiple steps and moving parts involved. Typically, filing a successful truck accident lawsuit involves these steps:
- Report the accident: Notify the authorities and your insurance company.
- Document everything: Keep records related to the accident.
- Consult an attorney: Seek legal advice to understand your rights.
- Submit the claim: Your attorney can submit all the necessary documents to the insurance provider.
- Negotiate settlement offers: Your attorney can work to reach a fair settlement.
- Going to trial: If the other side refuses to make a serious offer, a good semi-truck accident lawyer is always prepared to take your case to trial.
Who Can File a Lawsuit?
Generally, filing a truck accident lawsuit involves the injured party or their legal representative.
- Injured individuals in the accident can file a lawsuit to seek damages for medical expenses, lost wages, and pain and suffering.
- Family members may file a lawsuit for loss of companionship and financial support in cases of wrongful death.
- Legal guardians can file on behalf of a minor or if the injured party is incapacitated.
Identifying Trucking Company Negligence
Everyone has a duty of care to take reasonable precautions to avoid harming other people. Negligence occurs when a trucking company fails to exercise appropriate care, and someone is injured as a result.
Trucking company policies play a significant role in accident prevention and liability. Companies must take reasonable precautions to prevent accidents. This requires:
- Regular vehicle inspections to ensure the trucks are in good working condition.
- Driver training programs to equip drivers with the necessary skills and knowledge.
- Compliance with laws so drivers adhere to legal standards.
- Employee oversight to monitor employees.
Poor Truck Maintenance
Trucks require regular upkeep to ensure safe operation. Still, inadequate maintenance practices are a significant liability for trucking companies. Key maintenance areas for trucks include:
- Brake systems: Faulty brakes are a leading cause of accidents.
- Tire condition: Worn or improperly inflated tires can cause blowouts.
- Engine health: Regular checks prevent mechanical failures on the road.
Inadequate Driver Training
Inadequate training is another common form of negligence in the trucking industry. It goes without saying that improperly trained drivers pose a risk to everyone on the road.
Truck driver training should cover the following:
- Safety protocols, including how to handle emergencies and road hazards safely.
- Vehicle operation ensures drivers can operate trucks under various conditions.
- Compliance with regulations means drivers understand what federal and state laws are essential for safe driving.
Negligent Hiring
Trucking companies need well-trained and experienced drivers for safety because they understand road conditions and can make quick decisions to avoid accidents. Hiring experienced drivers ensures safer roads and fewer accidents. On the contrary, negligent hiring practices occur when trucking companies fail to properly vet drivers, increasing the risk of accidents.
Hiring best practices should include the following:
- Background checks to ensure drivers have clean records and valid licenses.
- Drug testing on a regular basis for substance abuse.
- Skill assessment to verify experience and competency in operating trucks.
Driver Supervision
Driver supervision is fundamental for maintaining safety standards. Trucking companies must monitor their employees to make sure drivers follow regulations and safety practices. For example, regular check-ins and feedback help identify areas for improvement.
Trucking companies must also review driver logs to make sure truckers are adhering to Federal Hour Of Service (HOS) laws. When drivers fail to take required rest breaks, fatigued driving becomes a major avoidable hazard for everyone on the road.
The Dangers of Improper Loading
Improper loading makes trucks unstable. For example, when a load shifts, it may cause the truck to tip over, or the driver could lose control of the vehicle. This is especially dangerous on curves or during sudden stops.
Overloading is another serious issue that puts extra strain on the brakes and tires, increasing the risk of failures.
How Your Truck Accident Lawyer Can Help
Your truck accident lawyer can file a big rig accident claim against anyone whose negligence contributed to your injuries. When a fair settlement cannot be reached through negotiation, the next step is taking your case to trial.
Gathering evidence is an essential step in building a strong case. That’s why your attorney can collect and organize the following types of information:
- Police reports: Official documentation of the accident.
- Witness statements: Accounts from people who saw the accident.
- Photographic evidence: Images of the accident scene and damages.
- Medical records: Documentation of injuries and treatments.
- Video evidence: Dashcam and surveillance footage provide a clear record of what happened.
Talk to an Experienced Omaha Truck Accident Attorney Today
At Bottlinger Law L.L.C., we’ve earned a strong reputation for keeping our word and treating people right, and we don’t let anything stand in our way when we’re seeking justice for our clients.
Jason Bottlinger is a member of the prestigious Multi-Million Dollar Advocates Forum, and he has a perfect A+ rating from the Better Business Bureau. He’s also been named One of the Best Personal Injury Attorneys in Omaha by Expertise.com.
Call (402) 505-8234 to learn more—you won’t owe us anything unless we win.
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