You can sue a trucking company for an accident caused by their driver if you have evidence that company actions contributed to the collision. For example, a trucking company may be liable if it’s leaders:
- Enforced unsafe policies, such as violating hours of service regulations
- Followed poor hiring or training practices
- Did not maintain their trucks properly
- Knew that their (in)action could put others at risk and did nothing
In addition, you could sue a trucking company for their employee’s actions on the basis of vicarious liability. This legal doctrine states that employers are liable for harm their employees cause while performing their job duties.
Determining Who Is Liable for Your Truck Accident
Truck accidents can happen for any number of reasons. However, many causes are attributable to the driver, such as:
- Not paying attention
- Speeding or driving too fast for weather conditions
- Disobeying road signs, including yield and stop signs
- Consuming drugs or alcohol before getting behind the wheel
In some cases, these actions may not be the sole responsibility of the driver. For example, if their employer pressures them to work long hours with insufficient breaks, the driver may be too tired to make good decisions, or they may turn to artificial stimulants to stay awake.
In a case like this, both the driver and their employer may be liable for your damages. Even if the employer’s actions did not play a direct role in the collision, our firm could hold them accountable using the vicarious liability doctrine.
Other Truck Accident Causes
Data compiled by the Federal Motor Carrier Safety Administration (FMCSA) shows that most large truck accidents occur due to driver error. However, a small number of cases are attributable to:
- Shifting cargo
- Pedestrians or animals
- Fires or explosions
In cases like these, you may be able to sue the people who improperly loaded the truck or the manufacturer whose faulty product caused the truck to catch fire.
Who Is Responsible for Truck Safety Inspections?
Per the FMCSA, it is the trucking company’s legal responsibility to ensure that each truck:
- Undergoes inspection regularly
- Complies with national safety standards
- Receives repairs and maintenance as necessary
Failure to do so may increase the risk of an accident. Such accidents would be deemed the trucking company’s responsibility, establishing liability for the victim’s damages.
Even if a truck complies with all national safety standards, it can still cause considerable damage to nearby drivers and their vehicles. This is why our firm supports more stringent truck safety measures, including making underride guards mandatory (so cars cannot slip under a truck during a crash).
For a free legal consultation, call 864-740-8653
Your Truck Accident May Entitle You to Compensation
Our firm strongly believes that all truck accident victims should be able to collect compensation that meets their needs. You may be eligible to recover money for:
- Physical pain and emotional trauma
- Diminished quality of life
- Medical expenses
- Repair expenses (for damage to your vehicle)
- Temporary loss of income
- Permanent loss of earning capacity
In South Carolina, truck accident victims have three years to file lawsuits, or they lose the right to seek compensation. This is the law as stated in S.C. Ann. § 15-3-530. Therefore, to have a chance of receiving compensation and holding the liable party accountable, it is best to take swift action.
What Our Firm Can do for Your Truck Accident Case
Our firm understands how hard it is to find the time and energy to manage a lawsuit after a truck accident. If you would like help seeking justice and compensation for your accident, we will:
- Assess your case at no cost or obligation to you
- Determine how much compensation you are entitled to receive
- Identify who is liable in your case
- Fill out and submit all necessary paperwork
- Notify the liable party that you’re filing suit against them
- Represent you during negotiations with the liable party’s insurance company
- Prepare the settlement agreement, if they offer fair compensation
- Provide fearless advocacy in the courtroom
- Keep you updated throughout your entire case
Our goal is to make South Carolina safer for everyone by holding negligent parties accountable, and we always strive to provide clients with the best possible service. Fernando Rocha, one of our past clients, was grateful for our “guidance, knowledge and hard work.” Another client, Ora Braddy, appreciated our ability to assist her in Spanish. No matter your needs, our team will work hard to meet them.
Can I Afford Legal Counsel?
In addition to providing free case reviews, our firm never charges attorney’s fees up front. Instead, we accept a portion of your compensation as payment. This way, you owe us:
- Nothing right away – we get started on your case without needing to wait for attorney’s fees
- Nothing out of pocket – we take our fee out of your settlement or jury award
- Nothing if we do not win – we only charge attorney’s fees to clients for whom we recover compensation
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We Can Help You Sue for Damages
Hammack Law Firm is a leader in South Carolina truck accident cases and we are not afraid to take on trucking companies for an employee’s negligence. Our Seneca truck accident lawyer will help you calculate the monetary value of your injuries and determine if you can sue a trucking company for an accident caused by their driver, or if the liable party in your case is someone else.
For professional, compassionate service, call us at (864) 326-3333 today.