If you’ve been injured by a truck driver’s negligence, you may have several legal options through which you can pursue compensation and justice. Here is a brief overview from a truck accident lawyer in Gillette, Wyoming, about possible ways to seek compensation for medical expenses, lost wages, pain and suffering, and other damages.
Legal Options If Injured by a Commercial Truck Driver’s Negligence: Advice from a Truck Accident Lawyer in Gillette, Wyoming
File a Personal Injury Claim Against the Truck Driver
You can file a personal injury claim directly against the truck driver if their negligence, such as speeding, distracted driving, or driving under the influence, caused the accident. The foundation of this type of claim is proving that the truck driver was negligent and that their negligence directly caused your injuries. This involves demonstrating that the driver owed you a duty of care, breached that duty, and that this breach resulted in the accident and your injuries. The duty of care refers to the legal obligation the truck driver has to operate their vehicle safely and responsibly to avoid causing harm to others on the road.
Collecting solid evidence is key. This includes obtaining the police report, which provides an official account of the incident, witness statements that can corroborate your version of events, photographs of the accident scene showing the vehicles’ positions and any damage, and any available surveillance footage that captured the accident. Your attorney will likely also examine the truck driver’s logs to check for violations of hours-of-service regulations, maintenance records to identify any neglect in vehicle upkeep, and potentially the truck’s black box data, to look for details like speed, braking patterns, and other driver actions leading up to the accident.
Establishing clear fault can be challenging, especially if the truck driver denies negligence or if there are conflicting witness accounts. The defense may attempt to shift some blame onto you or other parties involved. If it is established that you share some degree of fault for the accident, Wyoming follows the modified comparative fault rule, which can reduce your compensation if you are found to be partially at fault. Under this rule, your compensation is reduced by your percentage of fault. However, if you are found to be 50% or more at fault, you may not recover any damages.
Pursue a Claim Against the Trucking Company
The trucking company may be held liable if they contributed to the accident by pushing drivers to meet unrealistic schedules, hiring unqualified drivers, or failing to maintain their vehicles. Filing a claim against the trucking company can provide additional resources for compensation, as they typically have larger insurance policies.
A primary strategy for this type of claim is to establish that the trucking company is vicariously liable for the actions of their driver. Under the legal doctrine of “respondeat superior,” employers can be held responsible for the negligent actions of their employees if the actions occurred within the scope of employment. Federal regulations limit the number of hours a truck driver can operate without rest. By examining the driver’s logs and other evidence, you can determine if the company encouraged or ignored violations of these rules, contributing to driver fatigue and the accident.
Another possible argument is that the trucking company was negligent in hiring, training, or supervising the driver. This involves demonstrating that the company failed to properly vet the driver’s qualifications, provided inadequate training, or did not adequately monitor the driver’s compliance with safety regulations.
Negligence in maintaining the fleet of trucks may also be at the root of the accident. Proving negligence by the trucking company will require checking maintenance records, safety inspection logs, and compliance with federal and state regulations. Any lapses can form the basis for a claim against the company.
Sue the Vehicle Manufacturer
If a defect in the truck or one of its parts contributed to the accident, you can file a product liability claim against the manufacturer. This could include defects in the brakes, tires, or other critical components that failed and caused the accident.
The first steps in suing a vehicle manufacturer are to identify the specific defect that caused the accident and to demonstrate that the defect directly caused the accident and your injuries. There are generally three types of product liability claims: design defects, manufacturing defects, and failure to warn (marketing defects). Design defects occur when a flaw in the vehicle’s design makes it inherently unsafe. Manufacturing defects happen during the construction or assembly of the product, making the specific item faulty even if the overall design is sound. Failure to warn claims involve the manufacturer not providing adequate instructions or warnings about the product’s risks, which could prevent users from avoiding danger.
Suing the vehicle manufacturer can be challenging. Manufacturers may argue that the defect did not exist, that the driver or trucking company misused the vehicle, or that other factors were the primary cause of the accident. If the manufacturer had issued recalls or warnings about the defect, they might argue that they fulfilled their duty to inform consumers.
File a Claim Against the Cargo Loading Company
If the cargo was improperly loaded or secured, the company responsible for loading the cargo may be held liable. This could involve overloading the truck, improperly balancing the load, or failing to secure the cargo, which can lead to shifts during transit and cause accidents.
Be aware that demonstrating that negligence in properly loading or securing the cargo directly caused the accident can be a challenge. The cargo loading company may argue that the accident resulted from other factors, such as driver error or road conditions. There might be shared liability among multiple parties, including the truck driver and the trucking company.
Establishing the cargo loading company’s specific contribution to the accident requires thorough investigation and clear evidence. The defense may argue that the truck driver or other parties share fault for the accident, and Wyoming’s modified comparative fault rule can reduce your compensation if you are found to be partially at fault, even if it can be shown that the cargo was improperly loaded.
Seek Compensation Through Your Own Insurance
Depending on your insurance policy and the specifics of the accident, you might be able to seek compensation through your own insurance company. This could involve claims under uninsured/underinsured motorist coverage or personal injury protection (PIP) coverage, which can help cover medical expenses and lost wages regardless of who was at fault.
Your insurance policy might have limits that are lower than the total cost of your damages, however. For instance, your medical expenses, lost wages, and other damages might exceed the coverage limits of your personal injury protection (PIP) or uninsured/underinsured motorist (UM/UIM) policies. Insurance policies often contain exclusions and conditions that might limit or exclude coverage for certain types of accidents or injuries. Insurance companies may delay the processing of your claim, which can be a significant problem if you need funds for medical bills and other expenses.
If you have been injured in a truck accident due to a commercial truck driver’s negligence, contact Ochs Law Firm today in Jackson, Teton Village, and Casper, WY for expert legal advice and assistance.
