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Do You Sue the Driver or the Trucking Company?

July 11, 2016

Semi truck going fast on interstate highway that may become involved in 18 wheeler accidentsAfter 18 wheeler accidents, victims or family members of people killed in the crash may want to determine if they can file a lawsuit. Victims can sue based on injuries sustained or fatalities that resulted from the accident by filing a personal injury or wrongful death suit. One of the first, and most common question involving 18 wheeler accidents is, “Who should I sue?” The Aranda Law Firm can help victims in El Paso and the surrounding areas determine who is liable and how to proceed.

 Who is Liable?

After 18 wheeler accidents, it can be difficult to discern who is liable. First you have to determine the cause of the accident. Both the driver and the company are potentially liable if the accident is proven to be caused by the driver’s neglect. There are federal and state regulations that both companies and drivers must follow to be considered safe on the road. If the driver ignored these regulations and caused an accident due to sleep deprivation, they can be held liable. If it was a mechanical issue or something to do with the cargo, etc., the company will be held liable.

The Price of Negligenceside view of car after minor 18 wheeler accidents

You can sue the trucking company by proving the company itself was negligent by failing in its policies or practices. In some cases, you may sue the company for the driver’s negligent actions if that is what caused the crash. Federal Motor Carrier Safety Regulations (FMCSR) require trucking companies to carry at least $750,000 in liability coverage. Trucking companies that are transporting dangerous materials are required to have $5 million in insurance coverage.  The high policy limits mean that you should always consult a lawyer before accepting any sort of insurance settlement. 

Getting Help After 18 Wheeler Accidents

Your life and your families lives are worth fighting for. Injuries sustained in these types of accidents can be life changing if they are serious. The Aranda Law Firm conducts a comprehensive evaluation of your case.  Contact us today if you’ve been involved in an 18 wheeler accident so we can help you make your case.

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