Can I Sue Someone Personally After a Truck Accident?

Auto accidents involving commercial trucks are often the most catastrophic. If you suffered severe injuries, you could file a personal injury lawsuit against the party at fault. Tort law protects personal injury victims, allowing them to recover the damages lost due to another party’s negligent action. Additionally, truck accident lawyers can help you adequately value your claim and get the compensation necessary to rebuild your losses and restart your life.

Who Can You Sue for Injuries Caused by a Truck Driver?

A unique element of truck accident cases is the question of liability. In a typical accident involving passenger vehicles, the driver who violated traffic laws is typically at fault. However, in a truck accident case, liability is more nuanced. To recover compensation for your losses, you must identify the person liable for damages first, and that could include parties who were not even present at the time of the accident.

Is the Truck Driver or Their Employer at Fault?

Sometimes the most apparent party, the truck driver, is the one liable for your losses. Truck drivers have the same responsibility to follow traffic laws as every other driver. When they violate one and cause an accident, they can be liable for damages. Additionally, they must abide by industry safety standards, including adhering to the laws that limit how long they can drive without taking a substantial break. If they violate those laws, they are accountable for the consequences. Independently contracted drivers are at a higher risk for liability than drivers directly employed by a trucking company. For example, independent drivers often own their trucks, but employed drivers do not, making them liable for accidents that occur if they drive the truck outside the scope of their job.

The trucking company is responsible for maintaining and inspecting its fleet of trucks to find and fix any potential issues that present a hazard to the driver and anyone else on the road. For example, if they skipped an inspection or did not replace a balding tire during maintenance, the company would be liable if an accident occurred after a tire blowout. Additionally, if the company hires truck drivers with a history of traffic or FMCSA regulation violations, it could be liable for the truck driver’s actions.

What Other Parties Could Be Liable?

Under certain circumstances, there are third parties that could be liable following a truck accident:

• An outsourced mechanic. Truck companies with large fleets often use a third party to handle inspections and maintenance. Transferring that responsibility also transfers liability if the truck causes an accident because of a mechanical issue.
• The loading party. The FMCSA restricts the size and securing practices of commercial truck cargo. When a person or company loads the truck, they are responsible for adhering to those regulations. If a load that is poorly secured or exceeds the weight restrictions causes the truck driver to lose control, the third-party loader would be liable. Sometimes the loading party is the truck driver or the trucking company.
• The truck manufacturer. When a mechanical element of the truck malfunctions because of a defective part or system, the truck manufacturer could be liable for damages. In this case, you would sue under a product liability claim, which differs from a car accident claim. It is often more complex and typically requires the help of an attorney.

A single truck accident can have more than one liable party or even more than one lawsuit. For example, suppose the cause of your accident was a defective product that the trucking company should have caught during a skipped inspection. In that case, you could potentially file a car accident suit against the trucking company and a product liability suit against the truck manufacturer.

What Damages Can You Recover From a Truck Accident?

When you file a personal injury claim following a truck accident, the law refers to the financial and psychological losses you endured as compensatory damages. The idea is that they represent everything you lost, including the negative impact on your mental health, and should therefore be restored to you.

What Are Compensatory Losses?

The specific losses are your economic damages. They include:

• The cost of medical care, including emergency medical expenses, hospital stays, medications, surgeries, and all follow-up outpatient care
• The income lost from missed work or loss of earning capacity
• The cost to restore or replace your vehicle and any other damaged property
• All costs associated with your injuries, including hired staff to help around the house or transportation to and from medical care

The general losses are your non-economic damages. These refer to how the accident affected you psychologically. For example, you can claim pain and suffering, emotional distress, mental anguish, and more.

Can You Collect Punitive Damages?

The court might also award you punitive damages if your accident resulted from gross negligence or intentional harm. This type of damages does not represent any loss. Instead, the court uses punitive damages to punish the defendant for especially egregious behavior by ordering them to pay you an additional award, which is rare but typically substantial.

Can You Sue if You Are Partially at Fault for the Accident?

Shared fault can further complicate a truck accident case. However, if you are partially at fault for the accident, that does not necessarily mean you will not be able to recover damages. Most states apply the comparative negligence rule to cases where the injured party is also liable. Additionally, there are two types of comparative negligence:

1. States that apply the pure comparative negligence rule allow you to recover compensation for your losses, but you cannot be 100% at fault.
2. States that apply the modified comparative negligence rule allow you to recover your losses only if you are less liable than the other party.

Most states, including Texas and Utah, use the modified comparative negligence rule. The court determines how much fault each party bears, represented by percentages equalling 100. For example, if you are 49% at fault, you can recover 51% of your damages. However, if you are above 50% liable, you are no longer eligible for damages. If you assume you are at least partially at fault, contact a truck accident lawyer to learn more about how it could impact your compensation.

How Can a Truck Accident Lawyer Help You Build Your Case?

If you suffered injuries in a truck accident, you would likely benefit from speaking with an experienced personal injury lawyer. Truck accidents are more nuanced than other types of auto accidents. It can quickly become confusing, and the stakes are too high for you to risk losing your opportunity to recover damages. When you hire a truck accident lawyer, you have the advantage of a legal representative, often without the financial strain of lawyer’s fees. Most work on contingency and will only request payment for their services if they secure a settlement or award for you.

At Fielding Law, we take care of the paperwork, negotiate with the insurance company, and protect your rights. We know the devastation a truck accident can cause, and we understand the importance of holding the negligent party accountable. We also charge no upfront fees for our services and will fight aggressively to ensure you get the compensation you deserve. Contact Fielding Law at (877) 880-4090 to schedule your risk-free consultation with a truck accident lawyer today.