Can Truck Drivers Sue a Trucking Company After an Accident?
When many people think of truck accidents, they often think of crashes in which occupants of smaller vehicles suffer catastrophic injuries. However, truck drivers are also at risk during these crashes and they can also suffer injuries that prevent them from working at a time when they are incurring high medical bills. Truck drivers often wonder if they are eligible for compensation, particularly if their employer was to blame for the accident. Below, our San Antonio truck accident attorney explains in greater detail.
Workers’ Compensation After a Truck Accident
Many people, including truck drivers, assume that after a crash, they are eligible for workers’ compensation. This is not always the case. Texas is unlike the majority of states. In The Lone Star State, employers are not required by law to purchase workers’ compensation insurance. Although some employers choose to purchase this coverage that protects them and their employees, many do not.
Even when a trucking company chooses to purchase workers’ compensation, truck drivers may still not be eligible for benefits. Truck drivers are often not employees of the trucking company they deliver for. Instead, they are often classified as independent contractors. The workers’ compensation system only provides benefits to employees and not independent contractors.
Suing for Trucking Company Negligence
When a trucking company is negligent and it causes an accident that results in a truck driver sustaining serious injuries, the trucker may have the right to file a lawsuit against the company. There are many ways trucking companies may act negligently, including:
- Negligent hiring practices, such as if the trucking company failed to ensure new hires had the necessary experience
- Failing to properly train new drivers
- Failing to properly maintain their trucks
- Failing to follow safety regulations, such as not providing proper straps and bracing systems for loaded cargo
- Overloading trucks, often to deliver more cargo at one time and recover a bigger profit
- Forcing drivers to remain on the road longer than the hours of service rule allows, resulting in fatigued drivers on the road
Proving that a trucking company acted negligently and caused an accident on the road is not easy. A San Antonio truck accident attorney can collect important hiring records, maintenance data, and other strong pieces of evidence that will prove your case. Negligent trucking companies will always have a team of attorneys on their side, trying to disprove the claim of truck drivers. It is important that you have an attorney that will work hard to ensure your rights are upheld, as well.
Call Our Truck Accident Attorney in San Antonio Today
In certain instances, it is possible for truck drivers to file a lawsuit against the trucking company they were working for to obtain compensation. While truck accident claims are always complex, those involving truck drivers are particularly complicated. At the Law Office of Israel Garcia, our San Antonio truck accident attorney can build the strong case you need and collect the evidence that will strengthen your case while you focus on your recovery. Call us today at 210-LAW-9999 or contact us online to arrange a consultation and to get the legal help you need.
