How to Sue a Trucking Company

Sometimes, suing a trucking company is necessary to recover compensation and get justice after a truck accident. If you were involved in a truck accident, you can hire a truck accident lawyer to build a compelling case and represent your best interests in negotiations and potentially during a trial. Few people have the time, knowledge, and energy to handle this independently, especially after suffering serious injuries. 

Most personal injury law firms provide free consultations for those hurt in truck accidents and their loved ones. A legal professional can assess the case, determine your options, and offer guidance about navigating the process. A lawyer may offer to represent you based on contingency. This means you pay no upfront fees for them to work on your case. 

How Can an Attorney Sue a Trucking Company on My Behalf?

When you work with a personal injury lawyer to sue a trucking company, your legal team will handle your lawsuit for you. They will take all the necessary steps to develop a compelling case, navigate the process, and fight for your best interests. You can count on your attorney to: 

• Investigate the accident
• Gather evidence to document negligence and liability
• Communicate with the insurance carrier, other attorneys, and the courts as needed
• Protect your right to seek fair compensation
• Meet all applicable deadlines
• Prepare all necessary documents
• Comply with all requests from the court
• Represent you throughout the process

A truck accident law firm will understand the importance of recovering compensation in your case, especially if you have life-altering catastrophic injuries or serious wounds requiring ongoing care and support. You should not have to pay for medical bills and other costs from an accident you did not cause. 

Your attorney will pursue fair compensation based on the damages you experienced, including your injuries, pain and suffering, medical bills, lost income, and more. They will build a case against the liable party or parties, aiming to hold them legally responsible for your economic and non-economic damages. 

Most truck accident lawyers work based on contingency fees. They do not ask you to pay a retainer or other costs upfront. Instead, they fund your case through their firm’s resources and only charge you after it closes. You will pay your attorney a percentage of your settlement or verdict. If the attorney does not win your case, they will not charge you. 

Vicarious Liability Is Often a Factor in Truck Accident Cases

When a commercial driver causes a collision, a legal doctrine known as “respondeat superior” often comes into play. According to the Legal Information Institute, this means the at-fault truck driver’s employer might be vicariously liable for its employee’s negligence. In a truck crash, this means the trucking company may pay for your expenses and losses resulting from the accident. 

To this end, your attorney may sue the trucking company or file a claim based on the company’s insurance policy. These policies are usually much larger than any individual driver would carry, which is important, especially if you suffered catastrophic injuries. 

Because of respondeat superior, most commercial truck accident cases are not against an individual commercial driver. This is true even if the driver acted carelessly or recklessly behind the wheel and caused your collision. Their employer is likely liable as long as: 

• The driver is a company employee.
• The driver was working at the time of the crash.

Since driving a truck is generally in the trucker’s job description and benefits their employer, most accidents that occur with a professional driver behind the wheel fall into this category. Your lawyer will assess your situation to ensure this is the case. 

Building a Case Against the Trucking Company After a Florida Collision

Holding the trucking company legally liable for your injuries and damages requires gathering evidence to support a convincing case. You must show that the truck driver caused your crash and the trucking company is legally liable. The best way to do this may be to work with a truck accident lawyer who will handle the investigation for you. 

Evidence pertaining to truck accidents varies widely, but the trucking company may hold valuable information crucial to your case. To preserve this evidence, your attorney may issue a spoliation letter indicating your intention to seek compensation and demanding they preserve any relevant evidence. 

Your truck accident attorney will handle this and numerous other steps necessary to develop a compelling case for the insurance carrier, defendant’s lawyers, judge, and jury. 

What Are My Legal Options After a Truck Accident in Florida?

According to the American Bar Association, most personal injury cases, including traffic accident claims, settle out of court. Even when a lawsuit against the trucking company is necessary, few cases go to trial. Instead, the insurance carrier settles for a negotiated amount. This allows them to control the payout and saves them the money and time required to go to trial. 

Of course, when necessary, trial attorneys take their clients’ cases before a judge and jury. They present the evidence and ask the jury to award fair compensation for the plaintiff’s related costs. This could allow the victim to recover damages such as:

• Current and future medical bills
• Current and future pain and suffering
• Income losses
• Reduced ability to work and earn a living
• Other related expenses and losses 

You may have a viable wrongful death case if your loved one died due to truck accident injuries. Families can seek compensation through a wrongful death action. In Florida, only the personal representative of the victim (executor of their estate) can sue the trucking company, per Florida Statutes § 768.21. An attorney can help you navigate this process and explain the damages your family may be able to recover. 

Ask Dave! Discuss Your Case With Our Truck Accident Team for Free Today

If you suffered serious injuries in a truck accident in Florida, Dismuke Law is here for you. We provide free case consultations. Let’s discuss your injuries, accident, and next steps. Contact us now to get started with no upfront cost to you or your family.