Can You Sue a Truck Company for Damaging Your Car? 

With Reno’s heavy traffic and constant commercial vehicle activity, truck accidents are not uncommon. If the truck driver was at fault, you might wonder, “Can you sue the trucking company for damages?”

The short answer is yes, but the process is not always simple. Here is what you need to do to take the necessary steps in this situation.

Who Is Responsible When a Truck Hits Your Car?

Figuring out who’s at fault in a truck accident in Reno can be more difficult than a car crash. Sometimes, it is not always just about the truck driver. Responsibility may lie with the trucking company.

In many situations, the trucking company can be held responsible for accidents caused by its drivers. These scenarios include:

• The driver was working at the time of the accident: If they were on duty and driving for the company, the employer is responsible under a legal principle called vicarious liability. That means companies are responsible for their employees’ actions on the job.
• The company hired an unsafe driver: If they hired someone with a bad driving record, a history of DUIs, or no proper commercial driver’s license (CDL), that is negligence.
• They didn’t train their drivers properly: If the trucking company skipped safety training or didn’t enforce important rules, liability could fall on them.
• They failed to maintain their trucks: Trucking companies are required to inspect and maintain their vehicles. If they ignore maintenance and a truck malfunctions, causing the accident, they can be held accountable.
• They pressured drivers to break the rules: Federal regulations limit how many hours a trucker can drive to prevent fatigue. If a company encouraged drivers to work past legal limits, they could be responsible for the crash.

If the driver was an independent contractor rather than a company employee, suing the trucking company might be harder. However, if the company still had control over things like work schedules and vehicle maintenance, it could still be legally responsible for any damages.

If the trucking company or another party was at fault, their insurance should cover your losses through a settlement or court judgment.

How Property Damage Is Handled in a Personal Injury Case

You can recover property damage in a personal injury lawsuit, but it depends on how you structure your claim. Most personal injury cases focus on bodily injuries.

However, if your vehicle or other personal property was damaged in the accident, you can include those losses as part of your lawsuit.

You may be able to recover:

• Vehicle repair or replacement costs
• Damage to personal items, including phones, laptops, and child car seats.
• Loss of use and rental car expenses
• Diminished value of your vehicle

If your case goes to court, you can request compensation for both medical expenses and property damage in the same lawsuit. However, this could delay payment for repairs.

For that reason, many people file a property damage claim with the at-fault party’s insurance separately from their personal injury case. This can lead to a quicker resolution for car repairs or replacement.

Challenges You Might Face When Suing a Trucking Company

Trucking companies and insurers will do everything possible to avoid paying for damages. Many times, the insurers often deny liability, offer low settlements, delay payments, or argue that your car was already damaged. Often, the company may try to say you were at fault to reduce their payout

Evidence can even disappear to lessen the validity of your claim. Some trucking companies alter or destroy driver logs, black box data, or maintenance records to avoid liability.

Without legal help, you can expect long battles. If they refuse a fair settlement, you may need to file a lawsuit, which can take months or years.

Fortunately, there are ways to protect yourself and get compensation for your losses, including a damaged car. Make sure to:

• Collect evidence immediately
• Report the incident and the trucking company
• Get a police report
• Seek medical attention
• Consult a truck accident attorney

The trucking company, insurance provider, and legal team will do everything possible to avoid paying out. That’s why you want to work with an experienced lawyer to get your deserved compensation.

If you’re dealing with the aftermath of a truck accident and suffered damages to your vehicle in addition to serious injuries and/or insurance issues related to the crash, the Law Office of Matthew L. Sharp is ready to help with your claim.