The decision to sue or not to sue a trucking company for a truck accident depends on several factors, including the circumstances surrounding the accident, the existing laws, where the accident happened, and who is liable.
It’s important to have a qualified and experienced lawyer to guide you. How long does a truck accident lawsuit take, and why should you hire a truck accident lawyer? Your Virginia Beach truck accident lawyer will advise you on who to sue for damages and how to go about it. Here are some main points to consider:
Liability
If the accident was due to the negligence of the truck driver, poor maintenance of the truck, or reckless operation of the truck, you have grounds for a claim. Your attorney must do a thorough probe into the accident to establish its cause.
They should interview witnesses, analyze the scene of the accident, review the police report, and evaluate the condition of the truck. Some of these tasks require you to hire vehicle accident experts to give you a credible account of what happened.
However, if the truck accident was another party’s fault‒such as the driver of another vehicle causing the truck to swerve‒it is difficult to file a successful lawsuit against the trucking company. The only way you can get a favorable outcome in your case is to sue the party that is directly responsible for the accident.
Truck’s Maintenance
Aside from ensuring that the truck drivers it hires are responsible on the road, a trucking company must also ensure that its trucks are properly serviced and maintained. While some accidents are inevitable because even the most well-maintained trucks can unexpectedly develop serious mechanical problems or brake failure, a trucking company must come up with an inspection and maintenance routine for its trucks to minimize the chances of serious mechanical troubles when the trucks are on the road. Failure to do this can lead to prosecution of the company in the event of an accident.
Although the truck driver is directly responsible for any accident that occurs due to preventable mechanical failure, the company could also be legally responsible for the damages due to poor maintenance. However, your attorney should review the driver’s contract with the company to see if there are provisions that absolve the company of liability in case of an accident caused by mechanical failure.
In other cases, the liability could be placed on the manufacturer of the truck, especially if the accident was caused by a faulty braking system or other mechanical malfunctions that are not related to poor maintenance. These issues can only be determined by vehicle experts.
Truck Driver’s Contract
Before your attorney decides to sue the trucking company, they have to be sure that the company is liable. They can obtain this information from the company during the discovery process.
The driver’s contract should indicate who employs them and who’s responsible for maintaining the truck. Some truck drivers are employed by independent agencies that lease drivers to trucking companies. In that case, the trucking company may not be held liable for the driver’s reckless driving.
Statute of Limitations
The statute of limitations is the duration within which a victim of a truck accident is allowed to file a claim. Different states have varying statutes of limitations. The statute of limitations in the Commonwealth of Virginia is two years from the day of the accident.
In Closing
Because each truck accident is unique, the decision to sue the trucking company depends on the circumstances around your case. Make sure you file your case within Virginia’s statute of limitations, get the driver’s contact information and review their driving contract, and review all of the evidence to determine liability. The driver, the truck’s manufacturer, and the trucking company may all be found at fault for the accident.
Each case varies and comes with complicated contracts and evidence. Ready to receive the compensation you deserve, but aren’t sure where to start? Contact Coastal Virginia Law to connect with a legal expert today!