Can I File a Claim Against a Trucking Company for Their Driver’s Negligence?

In Rancho Cordova, California, and across the Golden State, you can sue a trucking company due to their driver’s negligence. The truck company can be liable if their driver was not trained properly, allowed their employee to operate a defective vehicle, and for many other reasons. To sue the business, hire a Rancho Cordova truck accident lawyer. 

Triumph Law, P.C. has many years of experience with truck crash lawsuits. Our Rancho Cordova truck accident attorney will help you recover compensation from a negligent trucking company. Reach out to us to learn more.

When Truck Companies Are at Fault for Accidents

A truck business is responsible for its drivers’ actions. It is also a truck company’s responsibility to train, vet, and drug-test their drivers. If a company chooses not to do so, the business is negligent, and it can be held accountable for any harm that its driver causes. 

In addition, a truck company must maintain their vehicles. If a truck is defective, it is the business’s responsibility to take the vehicle out of service and fix the problem. When a trucking business lets their drivers use defective vehicles, they put their employees and others in danger and can be held responsible for any damages that result. 

Of course, if you want to file a lawsuit against a trucking company, you must be able to show that the business was negligent. At Triumph Law, P.C., we can put you in contact with a truck accident lawyer in Rancho Cordova who can help you do just that. For more information, get in touch with us. 

What You Need to Do to File a Claim Against a Truck Company

It is common to feel overwhelmed and intimidated in the immediate aftermath of your trucking crash. On the other hand, it is important to note that truck companies want you to feel this way. Because if you are too concerned about what could happen if you file a lawsuit, you will not do so, and they will not have to pay any compensation for the accident that their driver caused. 

Do not be afraid to stand up to a truck company. To get started, partner with a truck accident attorney in Rancho Cordova. Then, your lawyer will help you in the following ways:

Investigating Your Accident

Common reasons why truckers cause crashes include distracted driving, operating a vehicle while under the influence of drugs or alcohol, or speeding. There are also instances where a trucking company does things like ignore vehicle maintenance or hires drivers who do not have a commercial driver’s license (CDL). Your attorney will work to asses why your crash happened and who is responsible, so you will be able to hold the driver, their employer, or any other negligent parties accountable.   

Calculating Your Damages

You can request economic and non-economic damages for your medical bills, vehicle damage, and other quantifiable and subjective losses. Along with these, a California court will award exemplary damages if it wants to deter an at-fault party from future acts of negligence. Your lawyer looks at your losses, adds them up, and makes sure you ask for a reasonable amount of compensation.

Submitting Your Claim

The statute of limitations for personal injury lawsuits in California is two years. If your trucking crash injury was not discovered right away, you have one year from the date you found out about your injury to sue a trucking company or any other at-fault parties for damages. Your lawyer will review your case, determine if you have a legitimate claim, and file your lawsuit before the statute of limitations to do so lapses.  

Negotiating with the Defendant and Their Insurance Company

Many trucking companies have insurance coverage for different types of crashes. The coverage may be enough to cover all of your losses. If it is not, or the insurance company does not want to cover all of your losses, your lawyer negotiates on your behalf in the hopes of resolving your case without having to go to trial. 

Representing You During Your Truck Crash Trial

Most truck crash cases do not go to trial. If your case goes in front of a judge or jury, your lawyer has evidence and witness testimony to support your claim. They will present your argument, protect your legal rights, and put you in the best position to compel a judge or jury to rule in your favor. 

Trucking companies can make mistakes beyond those you know about when you file your claim, and these errors will help you prove that a truck business was negligent. For example, there are hours of service regulations that truck drivers must follow. If a trucker gets into an accident due to the fact that their employer knowingly allowed them to violate these regulations, both parties can be held responsible. 

How Truck Companies Try to Avoid Paying Damages — and What You Can Do About It

Pure comparative negligence applies in California, per CIV §1431.2. This means you can sue a trucking company, even if you are 99% responsible for an accident. Regardless, a truck business will attempt to show you are partly or fully responsible for a crash — and if they succeed, they may be able to avoid having to pay you anything.

A truck company or their insurer may reach out to you in the days after your crash. If this happens, expect a lowball settlement offer. Do not accept a settlement proposal, and instead, consult with an attorney to discuss your legal options. 

If a trucking company or their insurance provider contacts you, they may try to get you to make a statement about the crash, too. At this point, it may be best not to say anything since whatever you say may be used against you. Connect with an attorney who has achieved outstanding case results in truck accident cases, and they will provide legal representation. 

Do Not Wait Any Longer to Sue a Truck Company

If you want to sue a trucking company, select a personal injury law firm that puts truck crash victims front and center. Triumph Law, P.C. has helped truck accident victims secure large settlements — and we will help you do the same. To request a case consultation, contact us today.