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When Trucking Accidents Cross Over Into Negligence: How To Sue In These Circumstances

24 July 2019

Christopher Wilson

Truck drivers are responsible for making sure everything about their trucks is working properly. Doing so lessens the probability of an accident, which almost always results in a fatality when a semi truck collides with a passenger car. When truck drivers fail to do something that would have prevented an accident, it crosses over into the legal territory of negligence. So, how do you sue? Do you sue for negligence, or do you sue for a trucking accident? Here is how a trucking accident attorney would resolve this. 

Establishing Proof for Negligence

First, what makes the driver negligent? If he/she failed to fix the brakes on his/her truck, failed to change burnt-out headlights or tail lights, or failed to fix the turn signals that would have told other drivers which way the truck is going, that might be negligence, but you still have to prove that the driver was aware of the problem. To do that, you have to find video footage or witnesses that can attest to the fact that this particular driver was aware that there was some sort of mechanical failure with his/her truck and just did not fix it. If you can do that, you can pursue the negligence case and pursue the accident case as well. 

Pursuing Both Negligence and Accident Cases

If you are able to prove negligence, you can either pursue just the negligence case, or you can pursue both the negligence case and the accident case. Some victims in a truck accident opt to pursue both simultaneously in the event that the negligence case falls through (which can happen). Talk to your lawyer to decide if you'll be pursuing just negligence over pursuing negligence and accident cases. 

Pursing Just the Accident Case

Sometimes the burden of proof for negligence is not clear enough to bring to court. This is really difficult when you are certain that negligence was the cause of your accident. However, you can and should still pursue a trucking accident case. Since you can sue the driver, the trucking company, and the insurance company that insures the trucking company and the driver/truck, you may have a better chance at receiving compensation for your medical bills, wrecked vehicle, and any loss of wages or loss of life of any passengers that were in the vehicle with you at the time of the accident. Seeing as the accident is well-documented for the trucking company's insurance purposes, you should have no trouble pursuing a straight accident case. 

Contact a trucking accident attorney to learn more about your options.

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