When a large truck causes a crash, many assume the driver is solely to blame. However, in many cases, it’s the trucking company’s negligence behind the wheel. From hiring unqualified drivers to ignoring safety regulations to deferring or ignoring maintenance issues, trucking companies can be held legally responsible for the devastating consequences of their actions or inactions.
At O’Hare and Koch Law Firm, our truck accident attorneys have vast experience investigating trucking company negligence claims, and we tirelessly pursue justice for our clients. With decades of combined legal experience, our team has earned a reputation for securing life-changing results for victims and their families. If you’ve been hurt in a truck accident, contact us today for a free consultation. We even the playing field.
How Are Truck Accidents Different Than Car Accidents?
Truck accidents differ from standard car crashes in both severity and complexity.
Severity
Eighteen-wheelers can weigh up to 80,000 pounds, making even a low-speed collision life-altering. When drivers are hit by semi-trucks, they often suffer catastrophic injuries, such as:
- Spinal cord injuries and paralysis
- Traumatic brain injuries (TBI)
- Fractures and orthopedic trauma
- Internal bleeding and organ damage
- Burns, abrasions, and lacerations
- Post-traumatic stress disorder (PTSD)
These injuries often require extensive treatment, rehabilitation, and long-term support.
Complexity
From a legal perspective, truck accidents often involve:
- Multiple potentially liable parties
- Violations of Federal and state safety regulations
- Extensive corporate documentation and data
- Higher insurance coverage limits
Because of these factors, truck accident cases demand immediate investigation and highly skilled legal representation.
What Legal Duty of Care Does a Trucking Company Owe by Law?
Trucking companies are legally required to operate with reasonable care to protect the safety of others on the road. That duty is enforced by both Federal and Texas laws, including:
- Federal Motor Carrier Safety Regulations (FMCSR)
- Texas Department of Transportation (TxDOT) requirements
- Occupational Safety and Health Administration (OSHA) rules
These rules cover everything from driver training to driver’s hours and rest breaks to vehicle maintenance and drug testing. If a company violates these standards and someone is hurt as a result, the trucking company can be held liable for negligence.
Examples of Trucking Company Negligence
Common examples of trucking company negligence include:
- Negligent hiring: Failing to screen for past DUIs, license suspensions, or poor driving records
- Inadequate training: Allowing undertrained drivers to operate rigs without proper instruction and oversight
- Violation of Hours-of-Service rules: Forcing or incentivizing drivers to exceed legal drive-time limits
- Failure to maintain vehicles: Skipping inspections or routine maintenance, and ignoring known mechanical issues
- Improper cargo loading: Overloaded or improperly secured cargo can shift and cause rollovers, jackknifes, and other truck control issues
- Neglecting drug and alcohol testing: Skipping mandatory screenings or failing to follow up on positive results
Each of these actions puts profits over people, and when accidents happen, victims suffer the consequences.
Potential Liable Parties in Addition to the Trucking Company
Depending on the circumstances, several parties in addition to the trucking company can share responsibility for a truck accident:
- Truck driver: If they were impaired, distracted, speeding, or otherwise negligent
- Maintenance contractors: If poor repairs/maintenance or skipped inspections contributed to the crash
- Cargo loaders: If the cargo was improperly loaded or secured
- Vehicle or parts manufacturers: If a defective component on the tractor or trailer caused or worsened the accident
Identifying all liable parties is crucial to obtaining the full compensation you deserve.
Logistical Challenges
Holding a trucking company accountable is difficult. These cases typically involve complex legal and logistical challenges:
- Severe damages: Higher stakes often mean greater resistance from insurance carriers
- Multiple defendants: Liability may be distributed among drivers, companies, manufacturers, and other third parties, often resulting in disputes and efforts to shift responsibility
- Corporate defense tactics: Companies may withhold or destroy records, delay the process, or try to place blame on victims
- Federal regulations: Navigating FMCSA regulations and proving violations takes legal skill and resources
When a fair settlement isn’t offered, cases may proceed to trial. We prepare every case as if it’s going to court, so we’re ready if it does.
How to Prove Liability in a Truck Accident Case
Proving that a trucking company was negligent requires a detailed investigation and access to internal records. We know where to look and how to build a case that holds trucking companies and other responsible parties accountable.
Key evidence often includes:
- Driver logs and ELD (electronic logging device) data
- Dashcam Recordings
- Maintenance and inspection records
- Hiring, training, and supervision documentation
- Drug and alcohol test results
- FMCSA violation history
- Company emails or communications pressuring drivers to break rules
Trucking companies and their insurers often act quickly to protect themselves, but not the victims. Our legal team is ready to act immediately to demand answers and preserve evidence.
Compensation for Your Losses and Damages
Victims of truck accidents may be entitled to both economic and non-economic damages:
- Medical expenses (current and future)
- Lost wages and loss of earning potential
- Pain and mental anguish/emotional distress (current and future)
- Negative effect on the victim’s ability to conduct or engage in their normal daily activities
- Property damage to the vehicle and other personal property
- Punitive damages (in cases of gross negligence)
Trucking companies are required by law to carry liability insurance. Depending on the category the trucking and cargo fall into determines the minimum coverage amount. If you have questions regarding the coverage or categories the commercial motor vehicle falls into, call the attorneys at O’Hare and Koch Law Firm
With these policies in place, insurers may dispute liability or aggressively challenge the value of your claim. Getting the full compensation you deserve requires a skilled legal team fighting for maximum recovery.
Why Choose O’Hare and Koch Law Firm?
We have decades of experience handling trucking accidents. We are not afraid to take on powerful trucking companies and their insurers. Our team understands the complexities of truck accident litigation, and we fight aggressively to uncover corporate negligence and recover full compensation for victims.
We offer:
- Extensive experience with commercial motor vehicle cases
- Resources to investigate and litigate against large companies
- Personal, compassionate support throughout your case
If you or a loved one has been injured in a collision with a commercial motor vehicle, our truck accident attorneys are ready to help.
Contact O’Hare and Koch today to schedule a free consultation.
