How Do You Sue a Trucking Company?

Accidents involving 18-wheelers can have multiple liable parties, including the trucking company itself. In such cases, San Antonio truck accident victims can file a lawsuit against the company to seek compensation for their losses.

Suing a trucking company, however, can be more complicated than suing the driver of another vehicle. The laws which govern trucking companies are different, and victims’ injuries tend to be much more severe. If you are unsure whether a trucking company played a role in your injuries, the first thing to do is contact a San Antonio truck accident lawyer for help.

How to choose the right San Antonio truck accident attorney

You should begin with research into who handles truck accident cases, and start setting up consultations as soon as possible to make a decision about who you would like to hire to legally represent you and your case. This decision should not be taken lightly as you want to make sure you hire someone who is professional, experienced, skilled, and knowledgeable in truck accident cases.

We hope you will choose us, as the Law Offices of Pat Maloney has served the greater San Antonio region for nearly 70 years. Lead attorney Pat Maloney, Jr. is not only an experienced truck accident lawyer; he is also a Board Certified Personal Injury Trial Specialist, a designation earned by about 1%* of all practicing attorneys in Texas. This makes him uniquely qualified under the law to handle complex injury claims like those stemming from truck accidents.

Determining liability for the truck accident

Once you hire us as your legal team, the next step is to determine liability for the truck accident. Some of the parties who may share liability include:

• The trucking company
• The truck driver
• An employer
• Loading crewmembers/ companies
• Manufacturers of malfunctioning truck parts
• Other automobile drivers
• Road owners/ the government

If we determine that another party shares liability for your truck accident, you may need to name all of those parties in your lawsuit, or file multiple lawsuits; it depends on the exact circumstances of your case.

What happens once you decide to sue the truck company?

The investigation into your accident typically becomes our main focus during the pre-litigation process. We gather all necessary evidence and information that will support your claim. Some of the evidence pieces that may be critical to your case are medical bills, police reports, accident reports, medical records, doctor notes and statements, eyewitness testimonies, photos, video footage, and more. The more evidence you can find and provide to your lawyer, the stronger your lawsuit will be.

After we have collected all evidence that strongly supports your truck accident suit, we will begin working with accountants, doctors, and other professionals to determine how much compensation you are owed. Current and future losses will be taken into account, which include:

• Medical expenses
• Lost wages and benefits
• Mental and emotional trauma
• Pain and suffering
• Loss of enjoyment of activities
• Loss of quality of life
• Loss of companionship
• Physical therapy costs
• Occupational therapy fees
• Other hired services, such as around-the-clock caregiving services or home health aides

At this point, we will begin negotiations with the insurance company(ies). We exchange our findings and may request data or information about the company itself, as well as about the incident. We will send a demand letter that outlines the extent of your losses, and the compensation we are seeking on your behalf. This part of the process can take some time, especially when there are other liable parties involved. Insurance companies are extremely difficult to work with because their goal is to make sure that they do not have to pay the maximum amount of compensation that you are entitled to receive. However, if the insurance company is willing to work with your attorney and comes to an agreement on a fair settlement, a truck accident lawsuit may never need to be filed.

Filing a lawsuit against a trucking company for damages

If the insurance company is being unreasonable and will not budge on the settlement, then the only option may be to go to court. At the Law Offices of Pat Maloney, we prepare our cases as though trial is inevitable, because we want to make sure we are prepared in case a trial is necessary. We create and file the appropriate complaint and documentation as soon as you are ready. In this complaint, we may allege that the trucking company engaged in negligent hiring practices, fraud, negligent supervision, violations of law, or other acts of negligent or reckless behavior. Once the lawsuit has been filed, the trucking company will be served, notifying them that they are the defendant in your suit.

At this point, the courts will begin scheduling hearings for whatever motions are filed. Once this is complete, then a trial date is set. You may choose to have your case heard solely by a judge, or you may request a jury. (This is one of the motions that we can file before the trial date is set.)

During the trial, the judges and/or jury will listen to the facts of the case, analyze and take all evidence into consideration, and make a decision. Your San Antonio truck accident lawyer will represent you and explain your side of the story, while the trucking company’s legal team will explain their side of the story. The goal of this hearing is to show the jury who is telling the truth and who is responsible for the truck accident that occurred. The process can take several days, weeks, or even months before a verdict is issued (or a settlement is reached, which can also happen even in the midst of trial). Remain patient and allow your attorney to handle the details of the trial.

If you recently suffered injuries in a truck accident due to a negligent trucking company, Pat Maloney from the Law Offices of Pat Maloney is ready and available to legally assist you. He is a San Antonio truck accident lawyer who will lead you through the entire lawsuit process, ensuring that you know what to expect and that you are prepared for any obstacles or challenges that may arise. Call us or our contact form to meet with Mr. Maloney and ask him any questions about the legal process that you may have.