Do You Sue the Driver or Trucking Company After an Accident in WV?

Truck accidents can be severe as they often involve massive property damage, serious injuries, and untimely deaths. In truck accidents, it is sometimes confusing who to sue for damages. Should you sue the driver or the truck company?

In this article, we will discuss the pertinent laws that would be applicable in case of a truck accident. If you have been injured in an accident in West Virginia, call us. We’ve represented many injury victims throughout the state, and we have offices in Morgantown and Clarksburg. We have Bridgeport, WV injury attorneys, slip & fall lawyers who serve Clarksburg, and experience in many other towns and cities.

An Interplay of Legal Concepts Related To Truck Accidents

Aside from personal injury laws, other legal concepts may apply to truck accidents. Learning these concepts could help you decide on who to sue. These concepts are as follows:

Vicarious Liability

Otherwise known as “respondeat superior,” this legal concept translates to “the master must answer.” In legal parlance, this doctrine means that the employer is legally responsible for the employee’s wrongful acts during the performance of the employee’s assigned tasks.

For instance, if the driver encounters an accident while delivering cargo, the truck company is liable for damages for the injuries sustained because of the accident.

Independent Contractor

The most common defense for the truck company in truck accidents is to argue that the driver is an independent contractor, not an employee of the company.

If the truck company successfully proves that the truck driver is an independent contractor, the doctrine of vicarious liability does not apply. In this case, the negligence of the truck driver, an independent contractor, cannot be deemed as the negligence of the truck driver. The truck driver is directly liable for damages.

Direct Liability of the Trucking Company

Aside from vicarious liability, the trucking company may be liable for negligence damages. Examples of negligence are the failure of the company to maintain the roadworthiness of its trucks and the hiring of drivers with records of past traffic violations.

Negligence of the Truck Driver

The truck driver may be held personally liable for damages if found negligent in driving the truck. The driver is liable even if the accident happened while performing his assigned task. Examples of negligence are drunk driving, texting while driving, reckless driving, violating traffic signs, and other similar violations.

Violation of Federal Regulations

Trucking companies are expected to follow rules and regulations in the conduct of their business. The Federal Motor Carrier Safety Administration (FMCSA) is among the leading enforcement agencies. The FMCSA codifies the rules and regulates the commercial trucking industry in the U.S. 

Do You Sue the Driver or Trucking Company?

You may sue the driver if it is shown that the driver’s negligence is the proximate cause of the accident. You must note that there should be reliable evidence to prove the driver’s negligence, such as photos and CCTV cameras. However, you must also consider the likelihood that the driver cannot pay the full amount of damages awarded to you.

Suing the truck company is often the right option, and companies must have insurance coverage. It must be shown that the accident happened while the driver was performing within the scope of their employment. You may also prove that the company is negligent in maintaining the condition of its vehicles or negligent in hiring and selecting its drivers.

Ultimately, a skilled car accident lawyer in Clarksburg, WV will be able to help you pursue the right legal strategy and maximize your compensation.

Can You Sue Both the Driver and Truck Company

This is the most practical option as you increase your chances of successfully prosecuting your claim. It is likewise better to sue all possible parties involved to streamline the claim process and increase the chances of compensation. If the driver’s insurance does not cover the claim, you may pursue the company’s insurance.

Why You Should Hire a Lawyer

Pursuing a claim against the truck driver or company can be daunting. You need to know the circumstances of the case, bearing in mind the nuances of the related laws that may apply to your case. Instead of focusing on your physical recovery from the accident, you could be left in the chaos of prosecuting your claim.

Hiring a lawyer could streamline the process for you. An experienced lawyer will evaluate your case and advise you of the strategies that could increase the chances of getting a favorable outcome. In the early stages of your case, you will have a direction for pursuing your claim and eliminating unnecessary delays.

Contact Us Today

Insurance companies are tough to deal with. In most negotiations, the injured party is left unaware of the potential value of their case. Speaking to a skilled West Virginia car accident lawyer will significantly ease the claim process. At Miley Legal, we’ll fight for your rights throughout the legal process, ensuring you get every bit of compensation you are entitled to. Contact us today for a no-obligation consultation.