With high medical bills and lost earning capacity after a truck accident, you might wonder if a Connecticut truck accident attorney can help you pursue compensation from the trucking company for your case. You may be able to sue the trucking company to pursue compensation.
You Can Sue a Trucking Company After a Truck Accident
You might think that if a truck driver crashed into you because of bad weather or distracted driving, the driver is the only one at fault. However, you can actually sue the trucking company in many cases. Under a principle called “respondeat superior,” the trucking company is responsible for the actions of its drivers on the road.
You may be able to bring a lawsuit against the trucking company if these causes of truck accidents apply:
- A truck driver or trucking company failed to adhere to hours-of-service trucking industry regulations established by the Federal Motor Carrier Safety Administration (FMCSA)
- The driver was speeding or failing to leave enough braking distance
- The driver was driving under the influence of drugs or alcohol
- The trucking company failed to hire qualified drivers
- The trucking company failed to maintain hours-of-service logs for drivers
- A truck driver or trucking company failed to maintain the truck
These conditions could lead to shared liability in a truck accident case. Your Connecticut truck accident attorney can help you determine which parties are liable for your injuries to build your case.
Liability in a Truck Accident Case: When Are Trucking Companies Liable?
Potentially liable parties in an accident include:
- The truck driver
- The trucking company
- A truck or truck parts manufacturer
- A truck loading company
- The state or municipality responsible for road maintenance
You may be able to pursue compensation from multiple liable parties, including the trucking company, depending on the events of your accident.
For example, if a truck driver was driving under the influence, the trucking company may also be liable for failing to perform adequate background checks and drug testing during hiring and at regular intervals during employment.
You and your attorney have the burden of proof to prove negligence “with a preponderance of the evidence” when you file a lawsuit against a liable party. To prove negligence, you and your truck accident lawyer must present evidence demonstrating that a liable party was negligent in their actions to contribute to your injuries.
The four elements of negligence you and your attorney must prove include:
- The party owed a duty of care
- The party breached their duty
- You suffered injuries or losses due to the accident
- The party’s breach of duty directly contributed to your injuries and losses
If the truck company had knowledge of hours-of-service violations or substance abuse by the driver, your attorney must gather and present appropriate evidence in a lawsuit.
Compensation in Truck Accident Cases
One of the reasons to pursue a lawsuit against a trucking company is that more compensation may be available.
Truck accident victims can pursue economic, non-economic, and sometimes punitive damages against any negligent party that contributed to the accident, including the trucking company. Economic damages are damages with a quantifiable value, including medical bills, travel costs for treatment, physical or occupational therapy, lost wages, and diminished future earning capacity.
Non-economic damages are a type of compensation for intangible losses, including pain and suffering and diminished enjoyment of life.
Know Your Rights as a Victim: Contact the Law Offices of James A. Welcome
When you need an experienced Connecticut truck accident attorney for your case against a truck company, turn to the team at the Law Offices of James A. Welcome. Call today at (203) 753-7300 or contact us online to request a consultation with an injury lawyer.