In a commercial truck accident, the trucker often walks away with little to no injuries, while the other drivers they hit can face serious injuries. Getting the help you need can mean taking a legal battle against some of the biggest trucking companies around.
Our lawyers can help you file claims against truckers, their insurance policies, and the trucking companies that hired them. Who is responsible for which damages changes from case to case, but our lawyers can analyze your case and fight for full compensation.
For a free case evaluation, call Cap City Injury Attorneys’ commercial truck accident lawyers today at (512) 612-3110.
Who Do You Sue for an 18-Wheeler Accident?
Whether you call them big rigs, 18-wheelers, tractor-trailers, or something else, these big trucks often lead to complex lawsuits. Whenever a commercial truck driver is involved, you have to know who to sue:
The At-Fault Driver
Whether the trucker or another driver was the one to set off the accident, you can always go after the at-fault driver for the crash. Multiple drivers can share partial fault, too.
If the trucker was self-employed or a contractor of some kind, the buck might stop with them. Regardless, they must have high-dollar insurance to cover their crashes.
The Trucking Company (as Employer)
If the commercial truck driver was working as an employee of a trucking company when the accident happened, the trucking company can be held responsible in their place. A legal rule called “respondeat superior” allows you to sue an employer for an employee’s on-the-job accidents.
The Trucking Company (Directly)
If the trucking company committed errors to cause the accident in their own right, then you can hold them liable for those mistakes, e.g.…
- Negligent vehicle maintenance
- Negligent hiring and retention
- Improper supervision and training
- Trucking regulatory violations (hours of service, training, inspection)
- And more.
Other Parties
Truck and auto part manufacturers can sometimes be held liable if their defective products caused a crash. The government responsible for upkeep of a dangerous road could also be liable in some cases.
What Damages Can You Recover?
Lawsuits against 18-wheeler truck drivers and their trucking companies can often result in high-dollar damages. These crashes typically involve very serious injuries because of the damage that these massive trucks can do to smaller vehicles, and damages must be paid to cover all of those harms.
Medical Bills
The injuries from an 18-wheeler accident can be severe, and the medical expenses can be costly. You should not have to pay for any of them; the defendant can be made to pay for all expenses.
Lost Wages
If you cannot work while you recover or your injury is disabling, then you can hold the defendants responsible for your lost wages. These can help support your family for years to come if you are totally unable to work.
Vehicle Repairs
The cost of repairing or replacing your damaged or totaled vehicle can also be claimed alongside the damages for your injuries.
Other Economic Damages
Other monetary expenses you faced can also be claimed, such as home adaptations to deal with a disability.
Pain and Suffering
Damages can be paid to account broadly for the pain, mental suffering, emotional distress, and other intangible harms you faced because of the accident.
Loss of Consortium
Damages can be paid to your spouse for the way your injuries affect household chores, intimacy, and other responsibilities.
FAQs for Truck and 18-Wheeler Accidents in Waco
Are 18-Wheelers Treated Differently in Accident Cases?
Because 18-wheelers and other commercial trucks are so large and hard to drive, there are plenty of additional laws, licensing requirements, and driver safety requirements placed on these vehicles. If the driver or trucking company violates these extra rules, it can often help you prove fault in a lawsuit.
What Do I Need to Prove to Win My Case?
Truck accident cases are based on negligence claims, meaning you need to prove the defendant(s) were at fault because they breached a legal duty, resulting in the crash. This can mean violation of traffic laws, federal trucking regulations, safe-driving principles, or reasonable hiring and firing standards.
What is Negligent Hiring and Retention?
Many commercial truck accident cases involve a claim against the trucking company for negligent hiring or retention. These claims say that the trucking company was not properly careful when hiring drivers or that they kept on drivers they reasonably should have fired.
These claims can be based on bad background checks, bad screening, or failure to punish/fire truckers with a history of accidents, DUI, or violations.
Do I Need a Lawyer?
Many drivers wonder why they need a lawyer if they can just make an insurance claim. Generally, insurance companies deny claims, and trucking companies use strong legal teams to shut down cases.
Just getting your case to the settlement stage can be difficult without your own commercial truck accident lawyer, let alone getting a settlement that appropriately covers your damages.
Do I Have a Case?
If the defendant caused your accident by breaching a legal duty, and you have proof of this and the damages, you likely have a case. However, our lawyers can help you understand the strength of your case in a free case evaluation.
What Should I Do After a Truck Accident?
Immediately call 911 and report the accident, requesting both police and ambulance response. If you can, stay at the scene to collect driver and witness info, insurance info, and other info about the crash and the scene. Take photos if you can.
Go to the hospital and get all medical treatment you need, even if that means skipping the evidence collection. The police report should contain any info you miss.
How Do I Prove a Truck Accident Case Wasn’t My Fault?
Your burden, as the victim, is to prove that the crash was someone else’s fault. You do this by providing your own testimony, other witness testimony, and any other evidence you have.
You merely need to show that your claim is more likely than not to be true; you do not have to convince the jury beyond a reasonable doubt. You also do not need to prove your own innocence, just the defendant’s fault.
How Long Does Settlement Take in a Commercial Truck Accident Case?
Depending on the severity of your injuries, how obvious the defendant’s fault is, and how expensive the case is, your case could take anywhere from a few months to a few years to get to settlement. If the trucking company refuses to settle for a fair value, we can take them to court, which often takes upwards of a year.
How Long Do I Have to Sue?
Injury victims get 2 years to sue in Texas under our statute of limitations for injury cases.
Call Our Waco Commercial Truck and 18-Wheeler Accident Lawyers Today
For a free review of your potential case, call the commercial truck accident attorneys at Cap City Injury Attorneys at (512) 612-3110.