Can I Sue the Trucking Company Instead of the Driver After an Alabama Truck Accident?

Many people wonder, “Can I sue the trucking company instead of the driver after a truck accident?” In reality, trucking companies may be liable for several reasons after commercial truck accidents. In many cases, they are liable under a legal doctrine known as “vicarious liability,” which imposes liability on employers when their employees cause accidents and injuries while on the job.

Truck accident claims frequently involve multiple defendants, including the truck driver, their employer, and/or the truck owner. At Gartlan Injury Law, we seek to identify all responsible parties to maximize the compensation truck accident victims recover for their losses, including compensation for their medical expenses, lost wages, pain and suffering, and more.

If you were hurt in an accident involving a commercial truck, your dedicated personal injury lawyer at Gartlan Injury Law will move fast to preserve evidence and provide you with the aggressive legal representation you deserve. Contact us today for a free consultation and learn more about how an experienced personal injury attorney can help you hold the trucking company responsible for your truck accident injuries.

What Are Some Reasons a Trucking Company Can Be Held Negligent for an Alabama Trucking Accident?

A trucking company in Alabama, or “motor carrier,” is responsible for the drivers and trucks it puts on the road. After a truck accident, we will investigate whether the trucking company failed to fulfill that basic duty.

A trucking company may be subject to a personal injury claim after a truck accident for the following reasons:

• Vicarious liability — An employer can be held responsible for its employees and their actions while on the job. So, if a truck driver was driving as part of their job duties, the trucking company could be liable if the truck driver caused an accident that harmed others.
• Truck failure — Motor carriers are responsible for the safety of the trucks they put on Alabama’s highways. When a truck accident occurs when the truck, its systems, or parts fail — such as a loss of brakes, tire blowout, or loss of steering — the truck owner, which is usually the trucking company, is liable.
• Negligent hiring and training — The trucking company may be liable for hiring unqualified drivers or drivers with histories of accidents or traffic violations. Failing to train drivers properly is also negligent.
• Negligent supervision — A trucking company may be liable for allowing its drivers to violate regulations, such as federal Hours of Service (HOS) rules that limit time behind the wheel or cargo weight limits. For example, trucking companies sometimes pressure drivers to stay on the road to meet delivery deadlines despite exceeding HOS limits. A motor carrier that pressured a driver to drive in inclement weather could be liable for a crash if weather conditions contributed to the accident.

What Are Situations Where the Truck Driver Would Be At Fault for the Accident?

Driver error causes most truck accidents. A trucker might cause an accident because of careless or reckless driving, such as the following:

• Speeding
• Tailgating
• Distracted driving, including texting while driving
• Driving while fatigued
• Failure to slow down despite bad weather, heavy traffic, or steep grades.

Sometimes, an investigation reveals that another form of truck driver negligence caused a truck crash, such as failing to check and secure cargo or the trailer hitch. Under Federal Motor Carrier Safety Administration (FMCSA) regulations, truck drivers are responsible for multiple safety checks before getting on the road.

Can More Than One Party Be Held Responsible for a Truck Accident?

After some accidents, an investigation will show the truck driver and trucking company share responsibility for the accident. Other parties could share liability as well. For instance, a negligent vendor could be held accountable for failing to maintain the truck properly, or a company could be liable if the cargo that it packed shifted while being transported and caused the trucker to lose control of the rig.

Suppose the failure of a defective system or part contributed to the accident, such as the brakes, tires, couplings, lighting, or engine components. In that case, the manufacturer, wholesaler, and/or retailer may share liability.

How Is Fault Determined in an Alabama Trucking Accident?

To collect and review evidence that could help prove fault in your truck accident case, our legal team can work hard to obtain the following:

• Police accident report
• Statements from drivers, passengers, and any accident witnesses.
• Photograph or obtain photos of the accident scene
• Inspections of the vehicles involved in the accident
• Digital mapping and canvassing of the crash scene
• Driver and trucking company records, including HOS logs
• Phone records showing cell phone activity and the truck’s route
• Data from the truck’s “black box” event data recorder, or EDR
• Public records of defects, crash rates, and recalls involving vehicles or vehicle components involved in the accident.

In some cases, we work with accident reconstruction specialists who use advanced equipment and techniques based on physics, engineering, and math principles to explain how and why a crash occurred.

A truck accident investigation must start as soon as possible before physical evidence is degraded or lost. Sometimes, we may need to obtain court orders to preserve the damaged truck or trucking company records and make them available.

Does Alabama Have a Statute of Limitations for Filing a Truck Accident Lawsuit?

As with other injury claims in Alabama, you have only two years from the crash date to bring a trucking accident claim against the parties responsible for your injuries. Depending on the circumstances and parties involved in the crash, the deadline to file a claim may be shorter or longer.  The earlier you begin working with an experienced Dothan truck accident attorney, the sooner you and your attorney can identify all parties who should be held liable and compelled to compensate you.

Contact an Alabama Truck Accident Lawyer

At Gartlan Injury Law, we are passionate about helping clients pursue the compensation they deserve after being injured by negligent truck drivers and trucking companies. We are aggressive legal advocates with proven results who always put people first. Contact us today to learn more and discuss your truck accident case in a free consultation.

Visit Our Alabama Truck Accident Law Offices

Aaron Gartlan

Aaron Gartlan is a graduate of Troy University and the Thomas Goode Jones School of Law who focuses his practice exclusively on representing those injured by the wrongdoing of others. He is member of the National Trial Lawyers Association’s Top 100 Trial Lawyers, Million Dollar Advocates Forum and Multi-Million Dollar Advocates Forum. In addition to his legal practice, Aaron teaches Business Law as an adjunct instructor at Troy University’s Sorrell College of Business and serves as a field artillery sergeant in the Alabama National Guard.