Truck accident injuries are usually severe considering the devastation caused by a big rig when it’s involved in a wreck. If you suffered this type of harm, then you’re probably looking for ways to offset the enormous damages that have been unfairly thrust upon you.
Although a personal injury lawsuit against the errant trucker who caused your crash might be a great first step, you shouldn’t stop there. After all, many of these truckers lack the financial resources necessary to make you whole again, which is why it’s critical that you also file a claim against the truck company that employed the trucker.
How to show that a truck company is liable
In many of these cases, a truck company can be held liable simply because they employed the driver and are therefore responsible for their employee’s actions. But there may be other issues that warrant action against a truck company, even if the trucker didn’t directly cause the wreck.
So, how do you present your case against a truck company? It’s a detailed process, but here are some key steps that you’ll want to take:
- Subpoena key records: There’s a lot that you can learn from documentation held by the trucker who hit you and their employer. Here you can seek out trucking logs that show whether hours of service regulations were violated, maintenance records that show that routine inspections and repairs were foregone, and hiring and training documentation that demonstrate that the employer failed to ensure that its drivers were capable of safely operating their rigs.
- Depose the trucker: A deposition is the process of taking sworn testimony outside of court and prior to trial. There are several benefits to taking a deposition. To start, a deposition can help you gauge whether the trucker was performing their job duties at the time of the accident. It can also help you establish policies and practices implemented by the trucking company that may have put innocent motorists like you in harm’s way.
- Question witnesses to the accident: Being thorough in your questioning can help you see if anyone else is to blame for the wreck. If they are, then you may need to file claims against additional individuals. If not, though, then these witnesses can help you show how the accident was caused, which can help you establish that the trucker was performing their job duties at the time of the accident.
- Analyze trucking regulations to see if any of them have been violated: There are several trucking regulations that must be followed to ensure safe trucking practices. All too often, though, truckers and their employers skirt these regulations to save themselves time and money. Violations of these regulations can help you show negligence and give you the ability to reach the trucker’s employer for liability purposes.
- Review the company’s polices and expectations: A lot of truckers cause accidents because they’re under unrealistic deadlines imposed by their employers. These truck companies also tend to implement policies and practices that jeopardize trucking safety. You need to be aware of these issues so that you can highlight them in your case.
Don’t let a truck company get away with the harm they caused to you
In many instances, truck companies are directly or indirectly responsible for injuries suffered in a truck accident. When this happens, you need to take legal action to protect your rights and recover the compensation you deserve. You might be intimidated by the process, but don’t let your hesitations deny you the recovery you deserve.