Who Do You Sue After an Accident with a Company-Owned Truck?

If you or a loved one has been injured in a truck accident, navigating the legal process and determining who may be liable can be challenging. Establishing ownership of the vehicle can have a significant impact on your case, so it’s vital to understand the factors involved. Our truck accident lawyers at Moore Law Firm in Mobile, AL explain how we establish liability and who may be responsible for damages if a truck is company-owned.

Determining Liability in Truck Accident Cases

Unlike many auto accident cases involving only passenger vehicles, truck accident claims are complex. Ownership of the vehicle can sometimes be murky, especially if a truck is owned and operated by an independent contractor hired by a trucking company. It’s also important to understand that liability will also depend on the specific circumstances of the case.

Generally, semi-trucks are usually owned and operated in two ways: by a trucking company that owns the vehicles, or by a driver working as an independent contractor. When a driver works as an independent contractor, you will likely sue them for damages, but may also be able to sue the trucking company if their negligence played a role in a crash.

In a case involving a driver who works for a trucking company as an employee, you can typically bring a claim against the company if the driver was working within the scope of their duties when a crash occurred. For example, if a driver employed by a company ran a red light and caused an accident while they were transporting goods while on the clock, the company may be liable for any damages resulting from an accident.

Other Potentially Liable Parties

Because multiple parties may be liable in truck accident cases, relationships between the driver, truck, and company must be assessed carefully. A commercial truck accident attorney can evaluate your case and help you identify and pursue all possible sources of compensation.

Owner of the Truck

Sometimes trucking companies rent or lease vehicles from other businesses that actually own the trucks. If any maintenance or repair-related issues played a part in the crash, this entity may be liable for damages. For example, if brake failure caused an accident due to the truck owner skipping routine maintenance, they may be liable for damages instead of or in addition to the trucking company, depending on the circumstances.

Truck or Parts Manufacturer

When a crash is caused by faulty design or a mechanical defect, you might be able to sue the manufacturer and/or seller of the vehicle. These types of product liability claims can be particularly complicated and difficult to prove, so it’s vital to have a tenacious truck accident lawyer by your side.  

Contractors and Logistics Providers

In some cases, trucking companies hire contractors or third-party logistics providers to handle certain aspects of trucking operations. This may include dispatch, maintenance, or cargo loading. If one of these parties was responsible for a negligent act or error that contributed to a crash, they may be held liable. For instance, if a loading company improperly secured cargo that resulted in an accident, the company could be sued.

Dealing with Insurers in Truck Accident Cases

Dealing with multiple parties in truck accident cases is daunting, especially when more than one insurance company is involved. Trucking and transportation companies usually have high limits on their insurance policies, so insurers fight tooth and nail to pay out smaller amounts, minimize your injuries, or deny personal injury claims.

Our truck accident lawyers in Mobile are familiar with the tactics they often use and know how to counter them to help you recover the maximum compensation you may be entitled to receive. Don’t let them take advantage of you at a difficult time – do not give a statement, sign anything, or accept a settlement before consulting a truck accident attorney. If insurance adjusters are persistent, let them know that your lawyer will handle all communications and negotiations.

How Truck Accident Lawyers Determine and Prove Liability

Assigning and proving liability in a truck accident case is a complex process. Our truck accident lawyers know how to navigate these claims and build strong cases that prove who was at fault and why.

Investigating the Accident Scene

One of the most important elements of a truck accident case is a thorough investigation of the accident scene. Our truck accident attorneys often consult with crash reconstruction experts, investigators, and other industry professionals to piece together what happened. Some vital evidence that may be collected includes:

• Physical evidence such as vehicle damage, skid marks, traffic signals, road conditions, and debris patterns help ascertain how the crash occurred.
• Police reports often contain vital details about officers’ observations and who they believe is at fault, witness statements, and a summary of the crash and scene.
• Photographic and video evidence from the scene may include pictures, dashcam footage, traffic cam footage, and video from nearby surveillance cameras.

Reviewing Logbooks and Records

The Federal Motor Carrier Safety Administration (FMCSA) requires truck drivers and companies to maintain detailed records of their driving activities, including hours of service, maintenance logs, and records of driver’s qualifications and history such as traffic violations and accidents. Issues such as a driver being on the road too long, inadequate maintenance protocols, and a poor driving record can all help make a case for negligence.

Examining the Truck’s Black Box Data

Most commercial trucks are equipped with an electronic logging device (ELD) or event data recorder (EDR). These devices record vital information such as speed, braking, GPS location, and engine performance. This helps truck accident lawyers glean information about the vehicle’s operation and function before, during, and after a crash.

Our truck accident attorneys take all this information and put the pieces of the puzzle together to establish liability and build a compelling case. We’re dedicated to holding all responsible parties accountable. We fight for your rights and interests so you and your family can focus on healing and moving on with your lives.

Contact Our Truck Accident Lawyers in Mobile, AL

For nearly 40 years, Moore Law Firm has helped personal injury clients throughout Alabama find the justice and compensation they deserve. To schedule a consultation with a truck accident attorney in Mobile, AL, contact us online, call us at 251-445-7602, or use the convenient chat feature on our website.