Truck accidents are extremely dangerous, and victims may be severely injured. While you can sue negligent truckers who cause such accidents, the trucking companies they work for can also be held accountable. An attorney can help you file a lawsuit and get you the compensation you deserve.
The trucking company may be held vicariously liable simply by virtue of the trucker’s employment. If the trucker is an independent contractor, the trucking company might be directly liable if it owns the truck or if it knowingly hired a trucker who was unfit for the job. Trucking companies may be more able to pay for your damages, so we should include them if possible.
Get a private case review for free when you call our Albany, NY truck accident lawyers at Basch, Keegan & Spada at (845) 303-2748.
Who Should You Sue for a Truck Accident in New York?
Truck accidents are often large-scale accidents, and it may be difficult to determine who is at fault. Two of the most common culprits in car accident cases are truck drivers and trucking companies.
Truck Drivers
Generally, plaintiffs should include negligent truck drivers in lawsuits. The trucker may be directly responsible for the accident, and we must include them if you want to get fair financial compensation. Even if the truck driver did not intentionally cause harm and feels remorseful about what happened, they should still be included in the case as a defendant.
Trucking Companies
It may also be possible to include the trucking company as a defendant. Under the legal theory of respondeat superior, an employer (i.e., the trucking company) may be held vicariously liable for injuries caused by a negligent employee (i.e., the truck driver) as long as the employee was acting within the scope of their normal duties.
If you want to sue the trucking company, you may need to include the truck driver. If the truck driver is not held liable, their employer likely will not be held vicariously liable.
Why is it Important to Include Trucking Companies in Accident Lawsuits?
Even though a truck driver may be directly responsible for the accident, it is crucial that we include the trucking company in your case.
Ability to Pay
Trucking companies are often much more capable of paying for damages after an accident than an individual driver. Truck accidents are known for being severe, and many plaintiffs claim extensive damages worth many thousands of dollars. It is common for an individual truck driver to be unable to afford the full extent of the plaintiff’s damages, but a trucking company likely has much greater financial resources.
Access to Evidence
Trucking companies may have access to evidence we need to prove your claims against the truck driver. Business records about how the truck driver was hired, any history of safety issues, maintenance records about the truck, inspection records, and much more may all be in the trucking company’s control.
To access this evidence, our New York truck accident lawyers must sue the trucking company and demand it during the discovery phase of the case. At that point, the trucking company may be legally obligated to provide us with all its relevant evidence.
Can a Trucking Company Be Held Directly Liable for an Accident?
The principles of vicarious liability may not apply if the truck driver is an independent contractor rather than an employee. Even so, there may be ways in which we can hold the trucking company responsible for the accident.
Negligent Hiring
The trucking company may be directly liable for negligent hiring even if the truck driver is an independent contractor. Negligent hiring involves hiring someone despite knowing that they are unfit for the job and that an accident or mishap is probable.
In a truck accident lawsuit, we may argue that the trucking company should be directly liable for negligent hiring if they knew the truck driver had a history of dangerous driving, accidents, or intoxicated driving, yet hired them anyway.
Negligent Entrustment or Retention
Even if the trucking company did not know that the truck driver was unfit for the job when they hired them, they may still be held liable if they failed to terminate the truck driver when their incompetence became apparent.
For example, if the truck driver showed up to work visibly intoxicated, the trucking company has a duty to make sure that the truck driver does not get behind the wheel. If they still allowed them to operate a truck, the trucking company may be directly liable for the accident.
Failure to Maintain
The trucking company may be liable for an accident simply because it owns the truck involved in the crash, even if the driver was an independent contractor. If the accident is the direct result of poor truck maintenance or damaged truck parts that the trucking company knew about, it may be directly liable for failing to maintain the truck.
Can You Sue a Trucking Company for an Accident if the Driver is Not an Employee?
Yes. If the truck driver is not an employee, it might not be possible to have the trucking company held vicariously liable, but they may still be held directly liable under specific circumstances.
Can You Sue Anyone Besides a Truck Driver and Trucking Company for an Accident?
Yes. Third parties, like manufacturers of faulty vehicle parts, may be held liable for a truck accident. In addition, other drivers besides the truck driver may have contributed to the accident and can be included in your lawsuit.
How Do We Get Evidence Controlled by the Trucking Company?
We may obtain evidence that the trucking company controls during the discovery phase of the case. At this time, the parties are required to exchange relevant information and evidence so that each side may build the strongest case possible. If the trucking company does not disclose evidence we believe they have, we may request the court to compel production of the evidence, or the trucking company may face penalties.
Speak to Our New York Truck Accident Lawyers About Your Legal Claims
Get a private case review for free when you call our Beacon, NY Personal Injury Lawyers at Basch, Keegan & Spada at (845) 303-2748.