Insurance Claims against Trucking Companies

Thursday, December 5, 2019

Insurance Claims against Trucking Companies

Written by Malman Law, reviewed by Steve J. Malman.

When a negligent truck driver causes an accident that results in injuries, the accident victim may have a claim not only against the truck driver but also against the trucking company, based upon a legal theory known as vicarious liability. This is relevant to victims as trucking companies tend to have much higher insurance policy limits than individuals, making it easier for victims to recover for all of their accident-related losses. 

If you have been injured in an accident that was caused by a negligent truck driver, a Chicago car accident lawyer at Malman Law could help you pursue a personal injury claim or lawsuit against the at-fault truck driver, as well as the employer trucking company. 

Call us today at (312) 629-0099 or contact us online to learn more about how we could assist you with bringing your personal injury claim.  

How Truck Accidents Can Happen

Trucking companies often offer their drivers financial incentives to get to their destination as quickly as possible. In some instances, the driver can obtain a financial bonus if he or she delivers cargo to its final destination more quickly than anticipated. Consequently, truck drivers are sometimes encouraged to operate their vehicles quickly and while fatigued, significantly increasing their chances of causing a motor vehicle accident. 

After all, when a large truck, tractor-trailer, or big rig collides with a much smaller passenger vehicle, the force alone could bring about a serious accident and injuries – especially for those in the smaller vehicle.

Trucking Company Responsibility

When a trucking company employs a truck driver and the truck driver negligently causes an accident, both the driver and the trucking company could be held liable for the injuries and other damages that result. Specifically, the accident victim could file a claim or lawsuit against the trucking company for the following:

• Negligence – Trucking Companies can be held liable for the negligence of their drivers that occur within the scope of their employment duties
• Negligent hiring or retention – A trucking company could also be liable for negligently hiring or retaining a problem employee truck driver. This is especially true if the truck driver has a significant history of prior driving infractions or has caused a collision at some time in the past.
• Negligent supervision – Trucking companies have a duty to supervise their drivers and ensure that they are complying with all rules and regulations. They also have a duty to discipline, and in some instances, terminate, problem drivers. When the trucking company fails to supervise a truck driver, and an accident occurs, the trucking company could be fully or partially responsible for damages that result from an accident. 

Call a Chicago Personal Injury Lawyer Today

Motor vehicle accidents caused by the drivers of large trucks can result in serious injuries, including broken bones, soft tissue injuries, back injuries, and head injuries. Let the experienced legal team at Malman Law review your case and assist you with bringing a claim or lawsuit against all parties who are potentially responsible for your accident. 

To schedule a free case evaluation and legal consultation with a Chicago personal injury attorney, please call us at (312) 629-0099 or contact us online to learn more.