Can I Sue a Truck Company for Negligent Maintenance After an Accident?

Can you sue a trucking company for negligent maintenance? Potentially. Your truck accident attorney will advise on whether a lawsuit makes sense for your case or whether you might seek compensation a different way. 

What Happens When Negligent Maintenance Causes a Truck Accident?

If a truck malfunction contributed to or caused your accident, negligent maintenance may be to blame. This indicates that the truck driver, their company, or a third party failed to conduct the proper maintenance on the semi, leading to a preventable breakdown. 

The Department of Transportation specifies that motor carriers and intermodal equipment providers must systematically maintain the commercial vehicles under their control. It also states that a vehicle’s parts and accessories should be in safe operating condition at all times. 

A malfunction that leads to an accident indicates that the truck did not meet federal trucking regulations. You can likely pin the liability for the accident on the party responsible for this error. 

Pursuing an Insurance Claim vs. Suing a Trucking Company 

Can you sue a trucking company for negligent maintenance? You have the right to sue a party for damages it inflicts in a truck accident. However, a lawsuit is not always necessary to seek adequate compensation. 

First, your attorney will collect evidence to determine whether the trucking company is the liable party in the accident or whether another party was to blame. For example, perhaps a third-party mechanic recently conducted maintenance on the truck yet failed to repair the part that caused the malfunction. 

Then, you will file an insurance claim against the at-fault party. Through an insurance claim, you can generally seek a payout to make up for your medical bills and time off work. If the insurer rejects your claim or refuses to provide an adequate payout, your attorney can help you navigate the insurance settlement process, where you negotiate a higher offer. 

Finally, if you cannot reach an agreement with the insurance company outside of court, you may decide to take legal action. Still, you would generally be suing the truck company’s insurer, not the company itself. You would only sue the trucking company directly if it was not insured or if you want to seek compensation beyond the policy’s coverage limits. 

What Damages Can You Seek in a Negligent Maintenance Lawsuit? 

If you decide to sue a trucking company or its insurer for negligent maintenance after an accident, you may have the right to pursue economic and non-economic damages. 

Economic damages in personal injury claims cover your monetary expenses resulting from the accident, such as:

• Medical bills
• Future medical expenses
• Lost wages
• Loss of future earning capacity
• Property damage 

Meanwhile, non-economic damages help compensate you for the costs of the crash that do not have a direct price tag, such as:

• Pain and suffering
• Loss of quality of life
• Emotional distress

Your legal representation will help you calculate the value of the case and seek the maximum compensation. They will then guide you through every stage of the process while you focus on recovering. 

Let Us Help You Seek Compensation After a Truck Accident

If you are wondering whether you can sue a trucking company for negligent maintenance after an accident, speaking with an attorney will help you answer this question. At Cantor, Wolff, Nicastro & Hall, we help prove negligence in accidents and pursue payouts for victims. 

Allow us to explore your options for compensation and walk you through them. Contact us today at 716-848-8000 or fill out our contact form to schedule a free case evaluation with our attorneys. 

Frequently Asked Questions (FAQ) about Suing a Trucking Company:

Can I sue a trucking company for negligent maintenance after an accident?

Yes, you can potentially sue a trucking company if negligent maintenance contributed to your accident. Your attorney will help determine the best course of action.

What damages can I seek in a negligent maintenance lawsuit against a trucking company?

You can seek both economic damages (medical bills, lost wages) and non-economic damages (pain and suffering, emotional distress) in a lawsuit.

Is suing a trucking company the only way to get compensation after an accident?

No, you can first file an insurance claim. A lawsuit is generally pursued if the insurance claim is denied or if negotiations fail to provide adequate compensation.