How to Sue a Trucking Company After an Accident
In 2024, there were more than 171,000 accidents involving large trucks. This figure highlights the danger that all road users face each day when sharing the road with large trucks. If you have been injured in a truck accident, you are entitled to compensation for your damages. Under the principle of vicarious liability, you can potentially file a lawsuit against the trucking company itself since it employs the driver who hit you.
At John Price Law in Charleston, SC, we have seen the devastation that a truck accident can have on a person. If you have been hit by a commercial truck, our truck accident lawyers are here to advocate for the just award that is rightfully owed to you.
Common Causes of Commercial Truck Accidents
A commercial truck accident in Charleston, SC, can happen because of any of the following reasons:
Speeding
Truck drivers have an unrelenting schedule, being under constant pressure to make deliveries on strict deadlines. Drivers must adhere to the hours of service (HOS) regulations implemented by the Federal Motor Carrier Safety Administration, which restricts how many hours they can travel in a given day. To compensate for their restrictive schedules, drivers often speed to get to their destinations on time.
Distracted or Reckless Driving
Distracted driving is becoming a glaring concern in our country, with over 3,000 deaths occurring due to this dangerous habit. Distracted driving involves anything that takes a driver’s attention away from the road, including eating, drinking, changing the radio station, using a dispatch device, and talking on a cell phone. Alarmingly, 66% of truck drivers admit to using their cell phones while operating their vehicles.
Driver Fatigue
Driver fatigue contributes to as many as 40% of all commercial truck accidents each year. While the HOS regulations attempt to mitigate this issue, these restrictions are in no way solving the problem. Under the HOS regulations, drivers carrying cargo (not passengers) are permitted to drive 11 hours after being off duty for 10 hours. Considering that it is recommended that drivers take a short break every 100 miles of travel, the safety restrictions don’t add up.
Driving Under the Influence
Commercial drivers are prohibited from driving with a blood alcohol level of 0.04% or greater. At this level, drivers may experience mild impairment, feel relaxed, and even experience a slight reduction in reasoning skills. While the effects of alcohol impairment cannot be denied, commercial drivers may also take “uppers” to stay awake during long trips. Aside from civil liability, a truck driver under the influence is bound to face criminal charges.
Lack of Adequate Training
The safe operation of a large truck requires quick reflexes, the ability to stay calm in high-pressure situations, and the capacity to foresee potential hazards. Given the national shortage of truck drivers, drivers with little or no experience are being allowed behind the wheel. Unfortunately, truck drivers are not required to drive a certain number of hours before getting their commercial driver’s license (CDL). Consequently, inexperienced drivers are allowed to operate vehicles that have a stopping distance comparable to the length of a football field.
Parties Privy to a Truck Accident Lawsuit
When a commercial truck is involved in a crash, several parties may be named in the suit. Aside from the truck driver, the trucking company may be named as an additional defendant under the principle of vicarious liability. Under this principle, an employer can be held liable for the actions of their agents or employees. Sometimes referred to as respondeat superior, which translates to “let the master answer,” liability only applies to the employee’s actions in the course of their employment.
Depending on the circumstances, multiple parties may be named in a truck accident suit. If a truck malfunction or defect caused the crash, the vehicle manufacturer could be named as a potential party. However, if improperly loaded cargo caused the collision, then the cargo loader could be liable in the suit. A Charleston truck accident lawyer can review the facts of your accident to evaluate which parties should be named defendants.
Determining the percentage of fault for each party can be complicated. A truck accident attorney will look into the trucking company’s commercial policy limits to decide if you can negotiate a fair settlement out of court. If your injuries exceed the policy limits, litigation may be beneficial in recouping your losses.
Consult with Our Truck Accident Attorney Today
A truck accident can be distressing, even causing you to question your own sanity. Oftentimes, the trucking company’s insurer will attempt to reduce its overall liability by arguing that you contributed to the accident. That is only a ploy to get out of paying damages, for which our Charleston truck accident lawyers are not willing to bite.
At John Price Law, we have helped thousands of truck accident victims recoup for accident-incurred losses. To arrange your free consultation, contact us online or call (843) 552-6011.