The road can be a place of unpredictable dangers, especially when large commercial trucks are involved. When a truck driver’s negligence leads to an accident, the question often arises: Can they be sued for hitting other people on the road? The answer is yes, and the Kansas City-based truck accident lawyers at Foster Wallace, LLC are adept at navigating these complex legal waters. Here’s what you need to know about pursuing legal action against truck drivers..jpeg)
The Liability of Truck Drivers
Truck drivers, like all motorists, have a duty to operate their trucks safely. When they fail to do so, they can be held liable for any harm that results. This liability can stem from:
- Distracted Driving: If a truck driver was texting or otherwise not paying attention.
- Fatigue: Truckers are often on tight schedules, which can lead to driving while overly tired despite regulations against it.
- Impaired Driving: Operating a truck under the influence of drugs or alcohol.
- Speeding and Reckless Driving: Taking risks on the road or not adhering to speed limits.
- Poor Maintenance: If a truck’s mechanical failure contributed to the accident, the driver or trucking company could be at fault.
Pursuing a Claim
Against the Driver: If the truck driver’s negligence caused the accident, they could be personally sued. This can include cases where the driver's direct actions or inactions led to a collision.
Against the Trucking Company: Often, the trucking company can also be held liable under the legal principle of “respondeat superior,” which holds employers responsible for their employees’ actions while on the job.
Third Parties: Sometimes, other parties could be liable, such as the truck manufacturer for equipment failures or a maintenance company for failing to properly service the truck.
What Can a Truck Accident Attorney Do for You
Investigation
We will thoroughly investigate the accident, including reviewing the truck driver’s logbook, maintenance records, video that the truck may have captured, and the truck’s black box data.
Expertise
Our personal injury law firm has a deep understanding of federal and state regulations governing truck drivers and the trucking industry, which is critical in these cases.
Negotiation and Litigation
We will handle all negotiations with the trucking company’s insurance and legal teams. If a fair settlement is not possible, we are prepared to take the case to trial.
Comprehensive Representation
Our representation covers everything from personal injury to wrongful death claims, ensuring you receive the compensation you deserve for medical bills, lost income, pain and suffering, and more.
Act Promptly and Wisely
Time is of the essence after a truck accident. The sooner you act, the more effectively we can preserve evidence and build a strong case. Truck companies have sometimes been known to hide evidence so it’s important to gather all potential evidence and interview witnesses quickly.
