If you’ve been involved in an accident with a commercial truck in Michigan, you may be wondering if it’s possible to sue the trucking company, as well as the driver, for damages. The answer is often yes, but as any truck accident attorney will tell you, it depends on the specifics of your case. At Holmes & Wiseley P.C. in Grand Rapids, MI, we have the experience necessary to support you through your case.
Can I Sue the Trucking Company After an Accident? Learn From A Truck Accident Attorney in Grand Rapids, MI
While in an accident the primary fault usually lies with the driver, but commercial trucking has additional legal regulations. Michigan law allows accident victims to pursue compensation from a trucking company if negligence on the part of that company contributed to the crash.
What Constitutes Contributing to the Crash?
The trucking industry is governed by both state and federal regulations designed to ensure safety on the roads. These regulations set standards for the operation of commercial vehicles, the qualifications and conduct of drivers, and the maintenance of trucks. When a truck accident occurs part of determining liability will involve an assessment of whether any of these regulations were violated and identifying who was at fault.
Negligent Hiring
If the trucking company hired a driver who was unqualified, had a poor driving record, or lacked proper training, and this contributed to the accident, the company may be liable.
Inadequate Supervision or Training
Trucking companies are responsible for ensuring that their drivers are properly trained and supervised. If inadequate training or supervision led to the accident, the company can be held accountable.
Failure To Maintain the Truck
Trucking companies must regularly inspect and maintain their vehicles to ensure they are safe for the road. If poor maintenance or a mechanical failure caused by the company’s negligence led to the accident, you could sue the company.
Violating Federal Regulations
The Federal Motor Carrier Safety Administration (FMCSA) has strict regulations for trucking companies, including limits on the number of hours a driver can work without rest. If a trucking company forces a driver to violate these regulations, and it results in an accident, the company could be sued.
Who Else May Be Liable?
Several parties could be found at fault in a truck accident. As well as the trucking company, the truck driver may be held responsible for negligence if they were driving distracted, speeding, or violating hours-of-service regulations.
Sometimes other parties may be held partially responsible for the accident. This can include the manufacturer of the truck and its parts if they were faulty, or the company who loaded its cargo if they did so in a way that contravenes regulations and contributed to the crash.
When a truck crashes, responsibility may not lie solely with the driver; the trucking company may also be liable for damages. Establishing definitively who is at fault can be complicated, so it’s important to work with a skilled attorney. To find out more, contact us at Holmes & Wiseley P.C. in Grand Rapids, MI, to set up an appointment.
