Can You Sue a Trucking Company if You’re Injured in a Crash?

Trucking accidents are not too rare in Arkansas, unfortunately. With their massive size and how heavy they weigh, the damage they can do in a split second is incredible.

The Federal Motor Carrier Safety Administration (FMCSA) found there were 415,000 truck accidents in 2020 with at least 101,000 of those crashes causing an injury. If you’ve been injured in an accident involving a truck in Little Rock, you could experience major injuries that may alter your life.

When seeking litigation for damages, you may be wondering if it’s possible to sue the company the truck driver works for in order to receive maximum compensation for your injuries. Fortunately, you may be able to sue the company in some circumstances. An experienced Little Rock commercial truck accident attorney can help you navigate the legal process and fight for the compensation you deserve.

It all comes down to liability in trucking accidents

In order to figure out if you can actually sue the trucking company, you first need to determine who’s at fault for the accident. Determining liability in a trucking accident can be complicated, and there may be multiple parties involved. Some possible liable parties could include:

• The truck driver
• The trucking company
• The manufacturer of the truck or its parts
• A third-party driver

If an attorney believes that the truck driver is actually the at-fault driver, then it can become a bigger case. Fortunately, the law in Little Rock allows you to include the trucking company in a lawsuit along with the negligent truck driver thanks to Arkansas’ “vicarious liability laws.” Vicarious liability basically allows you to take the truck driver’s employer to court for their employees’ negligent actions.

Proving negligence will build a strong case

In order to build your case, you must establish that negligence was what caused the accident—and this is where you can pull evidence to back up your lawsuit against the trucking company. Some examples of negligence that cause accidents are:

• Reckless driving. If the truck driver was speeding, driving aggressively, or driving while under the influence of drugs or alcohol, they were being negligent. Reckless driving means operating a vehicle in a careless manner that could have caused serious injuries.
• Failure to conduct necessary inspections. In Little Rock, trucking companies are subject to both state and federal regulations. The Federal Motor Carrier Safety Administration (FMCSA) regulates trucking companies that operate across state lines, while the Arkansas State Police’s Highway Safety Office oversees intrastate trucking companies. However, they both have strict regulations in place that require trucks to have regular inspections and repairs. If those are neglected, accidents can happen.
• Failure to maintain a vehicle. Cars and trucks of all kinds need to go through regular maintenance in order to operate effectively. If something like the brakes fail because they were so worn out and a truck rear-ends you, it’s on the trucking company for being negligent in keeping their vehicle in good shape to drive.
• Hiring unqualified drivers. Some companies prioritize profit over anything else. If drivers are in great demand, some companies may skip necessary steps like running background checks or making sure employees are skilled and certified in driving these types of trucks, as required by the state of Arkansas. Hiring drivers who have a history of reckless driving or who don’t even hold the right credentials is putting other drivers on the road at risk.
• Bypassing proper alcohol and drug screenings. This goes hand-in-hand with trucking companies skipping crucial steps during the hiring phase. If testing for drugs and alcohol is part of their process and they fail to conduct the test, they may be putting a dangerous, under-the-influence driver on the road.

If a truck driver acts carelessly or the trucking company fails to comply with proper regulations which result in negligence causing an accident, they may be held liable for any injuries people sustain.

You can get compensated for injuries after a Little Rock truck accident

If you can prove that the trucking company acted carelessly and that their negligence or the negligence of their driver caused your injuries, you may be entitled to compensation for damages. Damages can include:

• Current and future medical expenses
• Lost wages
• Pain and suffering
• Emotional distress
• Property damage

Arkansas doesn’t limit how much you can be awarded

Unlike many other states, Arkansas does not have damage caps. This means they do not put a limit on how much money can be awarded to you in court for damages pertaining to Little Rock truck accidents. If you experienced significant property damage and sustained serious injuries, taking a big trucking company to court rather than just the driver may be beneficial. Fixing a car is expensive, but medical bills are even pricier. If you were severely injured, the costs that come into play may be more than you ever could imagine—and more than you were expecting. That’s why it’s so important to work with an experienced attorney who will help ensure you’re asking for the right amount of compensation.

Trucking companies often have powerful legal teams on their side who will do as much as possible to make sure you don’t get paid. If you were seriously injured in an accident caused by a truck driver or truck company’s negligence, contact the experienced law team at Bailey & Greer, PLLC as soon as you can. Our Little Rock commercial truck accident lawyers will work with you to collect evidence and build a solid case. After all, you should only have to worry about your recovery after you’ve been injured. We’ll help ensure the irresponsible party, like a trucking company, is held accountable for their actions. Call us or fill out our contact form to schedule a free consultation at our office in Little Rock.

Frequently Asked Questions

• What Are Underride Accidents?
• How Poor Truck Maintenance Contributes to Accidents
• Why Truck Blind Spot Accidents Are So Deadly
• What Do Truck Drivers Take to Stay Awake?
• How Does Lack of Inspection Lead to Truck Accidents?