Can You Sue Both the Truck Driver and the Trucking Company After a Crash?

If you’ve been injured in a commercial truck crash, you may be wondering whether you can sue the truck driver and the trucking company to recover full compensation for your losses. When you are facing medical bills, lost wages, and other financial and non-financial losses as the result of a commercial truck accident, it is important to assert your legal rights by all means available. But does this mean that you should sue the truck driver and the trucking company for your crash?

As with many aspects of filing a truck accident claim, the answer to this question depends on the specific circumstances involved in your case. Here are some key considerations: 

Is the Truck Driver an Owner-Operator or an Employee?

One of the first key considerations is whether the truck driver is an owner-operator or an employee. If the truck driver is an owner-operator, then there may not be a separate trucking company to sue. On the other hand, if the truck driver is an employee, then you may be able to sue the truck driver and the trucking company; assuming the truck driver is legally responsible for causing the crash. 

Does the Truck Driver Have Liability Insurance? 

Insurance coverage can play an important role in determining which claim (or claims) you should pursue as well. While truck drivers should generally have liability insurance coverage regardless of whether they are an owner-operator or an employee, some don’t. If you were injured in a crash caused by a negligent truck driver and the driver doesn’t have insurance, then your best option may be to sue the truck driver and the trucking company together, if both can be held liable. 

Can You Recover the Entirety of Your Losses Under One Insurance Policy?

Another key consideration is whether you can recover the entirety of your losses under one insurance policy. For example, let’s say you were injured in a crash caused by a negligent truck driver who works for a trucking company, and both the truck driver and the trucking company have liability insurance. While you might be able to sue the truck driver and the trucking company and file claims with both of their insurance companies, you also might not need to. If you can fully recover your losses through a single insurance claim, filing a single insurance claim might be the most efficient approach. 

With that said, there can be benefits to filing multiple claims when you have the opportunity to do so; and, ultimately, you will need to make decisions based on the specific circumstances of your case. When you hire an experienced truck accident lawyer to represent you, your lawyer will help you make informed and strategic decisions based on the circumstances at hand. 

Why Did Your Truck Accident Happen?

In order to sue the truck driver and the trucking company after your crash, you will need to prove that they were legally responsible for your injuries. While truck driver negligence and trucking company negligence are common causes of crashes involving commercial trucks, these crashes can have a variety of other causes as well. 

Some examples of causes that might provide grounds to sue another party (instead of providing grounds to sue the truck driver or trucking company) include:

• Truck Defects: If you have a claim for a truck defect, you may need to sue the truck’s manufacturer (or the manufacturer of one of the truck’s components).
• Road Hazards: If an issue with the road is to blame for what happened, a government agency or contractor may be legally responsible for your accident-related losses. 
• Another Driver’s Negligence: If another driver forced the truck driver to swerve or lose control, this other driver may be liable for your injuries under Arkansas law. 

When you are dealing with medical bills and other losses resulting from a commercial truck accident, you cannot simply assume that the truck driver or trucking company is responsible. Instead, you need to gather evidence that proves why the crash happened—as this will allow you to determine who (or what company) deserves to be held accountable for your losses. To help ensure that you have the evidence you need to seek the financial compensation you deserve, you should hire an experienced truck accident lawyer to investigate your crash right away.

Talk to a Truck Accident Lawyer in Rogers, AR for FREE 

If you were seriously injured in a crash and need to know whether you can sue the truck driver and the trucking company, our lawyers are ready to help you fight for the financial compensation you deserve. 

Contact the truck accident lawyers at Oliver Law Firm today online or at (479) 202-5200 for a FREE case evaluation. We serve clients throughout Arkansas and across the United States from our office in Rogers, AR.