How to File a Lawsuit Against a Trucking Company After a Crash
May 4, 2025
If you’ve been injured in a vehicle accident involving a commercial truck, you may be entitled to compensation. However, the trucking company may not be willing to offer you a fair settlement without a fight. In that case, you’ll need to file a trucking company accident lawsuit. Here is everything you need to know.
Can You Sue a Trucking Company After a Crash?
Yes, you can sue a trucking company after a crash, provided a few criteria are met. First, the company’s driver must have acted negligently or carelessly and caused the accident. In this scenario, you would be able to file a claim against the driver, business, and their insurance company.
The company may face additional liability for the trucking accident if it was negligent in hiring or retaining the driver. If a trucking company knows a commercial driver’s license holder has an abysmal driving record but hires the person anyway, the company may incur additional liability for its negligent hiring practices if that driver causes a crash.
Grounds for Suing a Trucking Business After a Crash
Negligence is the most important factor in civil lawsuits. To succeed in a trucking company accident lawsuit, you must prove that the trucking company or driver acted negligently. Common forms of negligence in truck accidents include:
- Distracted Driving: Using a phone, eating, or engaging in other activities that take a driver’s focus off the road
- Fatigued Driving: Spending too many hours behind the wheel
- Reckless Driving: Speeding or driving aggressively
- Poor Vehicle Maintenance: Failing to maintain brakes, tires, and other important components.
Driving fatigue is believed to play a factor in many trucking accidents. However, capturing accurate data regarding driver fatigue has proven challenging. Experts estimate that 13% to 40% of trucking accidents are caused by fatigue.
Unfortunately for accident victims, commercial drivers may be able to deny or hide symptoms of fatigue in the aftermath of a crash. The good news is that your attorney does not necessarily have to prove that the driver was fatigued. Simply demonstrating that the driver or company acted negligently is enough to file a claim.
Who Else May Be Liable?
One of the most complex aspects of filing a trucking company accident lawsuit is determining who is liable. The truck driver typically holds the majority of the liability, especially if they were speeding, fatigued, or otherwise operating the vehicle in a negligent manner.
However, other parties could have contributed to the crash as well. For instance, the trucking company may be liable if it fails to properly train drivers and enforce safety violations. The truck manufacturer could be included in your lawsuit if it produced defective parts. Even cargo loaders could be included in a lawsuit if improperly secured or overloaded cargo led to the accident.
An experienced attorney will help you identify responsible parties by gathering evidence and examining the totality of the circumstances surrounding your crash. Each entity that contributed to the collision should be named in the suit so that you can pursue adequate compensation and hold them accountable.
Identifying all parties involved in your accident is key to pursuing fair compensation and holding negligent entities accountable for your pain and suffering. Wapner Newman Attorneys At Law knows what it takes to achieve justice for our clients. Our firm has recovered hundreds of millions of dollars and is here to fight for you.
How to Sue a Trucking Company After a Crash
If you decide to sue a trucking company after a crash, here’s what you will need to do.
Consult With a Lawyer
Technically, you can initiate a civil lawsuit yourself. However, the process is incredibly complex. Filing a claim also places you up against the trucking company and their insurance company, which has a team of lawyers who will contest your claim. That’s why you need experienced attorneys in your corner.
Before you initiate your lawsuit, schedule a consultation with a personal injury attorney. Wapner Newman Attorneys At Law offers free consultations for all personal injury victims and is here to help in your time of need. During the case evaluation, you will receive important guidance about your case and how to proceed.
Don’t face the trucking companies and their legal team alone. Call Wapner Newman Attorneys At Law at (215) 569-0900 to schedule a free consultation with one of our experienced attorneys.
Be Responsive During the Investigation
The law firm takes the lead on the investigation, allowing you to focus on your recovery. However, you must still be responsive when asked to contribute or participate in the case. For instance, you may have to interview during the discovery process. These recorded interviews help both sides gather important facts about the case.
Additionally, it’s vital that you continue all medical treatments throughout the legal proceedings. Keep your lawyer informed about your progress and submit all medical records in a timely manner.
Communicate With Your Attorney
The best personal injury lawyers will keep you in the loop about your case every step of the way. However, you should also proactively reach out to your attorney. Ask plenty of questions and stay involved in your case. Your lawyer will provide timely guidance when evaluating settlement offers and discussing the case strategy. Your input helps them better serve you.
Discuss Negotiations and Settlement Offers
Your attorney will negotiate with the trucking company and their insurer in hopes of reaching a fair settlement. Your lawyer will present settlement offers to you and discuss whether you should accept them. Ultimately, it’s up to you as to whether you accept a settlement offer or not. However, your attorney has the experience necessary to support your decision-making process and help you pursue adequate compensation. Use their experience.
Go to Trial
Most trucking accident claims are settled out of court. However, your attorney may take the case to trial if you can’t reach a fair settlement. During the trial, both sides will present their arguments. A judge or jury determines liability and compensation.
While taking your case to trial will take longer than settling, it is sometimes necessary to receive fair compensation. The court’s ruling is legally enforceable, which means the other party has to abide by the terms of the judgment.
What to Expect During a Trucking Company Accident Lawsuit
When you file a lawsuit against a trucking company, you are going to face resistance from the business and its insurance company. Here are three ways the at-fault parties may push back against your claim.
The Blame Game
Often, at-fault parties may attempt to blame victims for the accident. The goal is to reduce your right to compensation.
Pennsylvania follows a comparative negligence rule, meaning you can still file a claim against a negligent party if your percentage of fault is 50% or less. However, your compensation will be reduced based on your degree of fault. If you are 30% at fault, your compensation will be reduced by 30%.
Lowball Offers
Sometimes, the insurance company may rush to settle the case with a lowball offer. They use this tactic when they know you have a valid claim and want to reduce their total payout. Don’t sign any settlement agreements or accept an insurance company’s offer without talking to an attorney. Your legal team has your best interests in mind. The insurance company is only concerned about saving money.
Stalling Tactics
Trucking companies and their insurers sometimes try to stall your case. By dragging the case out for weeks or months, they hope to push you into accepting a low settlement offer. Partner with an experienced legal team as soon as possible so you can overcome stalling tactics and seek the compensation you deserve.
Why You Need an Experienced Attorney in Your Corner
Trucking companies and their insurers have experienced legal teams that will try to minimize the value of your claim. You need a trusted attorney who will fight for fair compensation on your behalf. Wapner Newman is the team for the job.
Call (215) 569-0900 to book a free consultation with Wapner Newman Attorneys At Law.