Truck accidents are known to be severe, and multiple drivers may be seriously injured. Someone should be held responsible, but it might not be the person you immediately think it is. While negligent truckers may be held accountable, so might their employers.
In many cases, injured drivers may sue the trucker who is directly responsible for the truck accident. However, they might not be the only defendant. Depending on how the accident happened, you may also sue the trucker’s employer and have them held vicariously liable. This is common in cases where a trucker’s negligence occurs within the scope of their normal job duties. Still, other parties may be included if they somehow caused or contributed to the collision.
Begin your lawsuit with a private, free legal review from our truck accident lawyer by calling Cap City Injury Attorneys at (512) 612-3110.
Who Should I Sue After a Truck Accident in Texas?
Lawsuits can be complicated, and it might be difficult to determine whom you should sue. In a truck accident case in Texas, you might sue one or several defendants.
The Truck Driver
The trucker behind the wheel during the accident is often the one directly responsible, and you can sue them for damages. A trucker should have a professional license and insurance designed for professional drivers. This insurance may exceed that of typical drivers, and your attorney can help you obtain the compensation you need.
The Trucking Company
You can also sue the trucking company that employed the negligent trucker, depending on the circumstances surrounding the accident. If the driver negligently caused the accident while in the normal performance of their job duties, their employer may be held vicariously liable.
Third Parties
Truck accidents may stem from numerous factors, and more than one driver might be at fault. Another driver on the road, other than the trucker, might have somehow contributed to the accident. If that is the case, our Buda, TX truck accident lawyers can include them in your lawsuit. We may need to review witness statements, police reports, and other evidence to determine if other drivers should be held responsible.
What if the Trucker Who Caused My Accident is an Independent Contractor?
The nature of the truck driver’s relationship with the trucking company may be an important factor in your lawsuit, and you should get help from a lawyer now.
No Vicarious Liability
An employer may be held vicariously liable for an employee’s negligent acts. If the trucker were an independent contractor, they would not be legally considered an employee of the trucking company. They may work for someone else or work themselves, but they provide services to the trucking company per the terms of a contract. In this scenario, the trucking company is the trucker’s client, not their employer.
Negligent Entrustment
Even if the trucker is an independent contractor, we might still be able to sue the trucking company. However, the conditions required to sue the trucking company are more specific. For example, while we cannot sue for vicarious liability, we might sue the trucking company for negligently entrusting the truck driver. If the truck driver was unfit for the job and the trucking company knew it, we can sue the trucking company for negligent entrustment.
Challenging a Contractor’s “Independence”
The trucking company might argue that it should not be held liable because the trucker is an independent contractor. However, we can challenge these claims if we have the right evidence. If the trucking company exerted significant control over the truck driver’s work schedule, job duties, salary, and various other important details related to employment, we may be able to prove that the trucker was not “independent” at all.
FAQs About Lawsuits for Truck Accidents in Texas
Should I Sue the Truck Driver After a Truck Accident?
Possibly, yes. Many injured victims would rather seek compensation without having to go to court. However, a lawsuit can be an effective way to get compensation for the full extent of your damages, which may be significant after a truck accident.
Can I Sue a Negligent Trucker’s Employer?
Yes. If the trucker caused the accident because they acted negligently while in furtherance of their normal job duties, their employer may be held vicariously liable. The trucking company might instead be held liable for negligent hiring or entrustment if the trucker was unfit for the job and the company knew or should have known.
Why Should I Include the Trucking Company in a Truck Accident Lawsuit?
It is often advisable to include the trucking company in a truck accident lawsuit, if possible, because trucking companies often have greater financial resources. They may be more able to offer better settlements that more adequately cover your damages than the truck driver alone.
Can I Sue a Trucking Company if the Negligent Trucker is Not an Employee?
Generally, a trucking company may be held vicariously liable only for the negligent actions of an employee. If the truck driver is an independent contractor, it may be more difficult to add the trucking company as a defendant.
What Evidence Do I Need to Sue a Trucker and Their Employer?
Evidence varies from case to case, and it may be readily available or harder to obtain, depending on your situation. Common evidence may include witnesses, dashcams, security camera footage, photos from the accident, your medical records, and business records from the trucking company.
When Should I File a Truck Accident Lawsuit in Texas?
Typically, lawsuits for truck accidents are personal injury claims that must be filed no later than 2 years after the accident, under Texas’s statute of limitations.
Receive Legal Help from Our Texas Truck Accident Attorneys
Begin your lawsuit with a private, free legal review from our Round Rock, TX truck accident lawyers by calling Cap City Injury Attorneys at (512) 612-3110.