How to File a Lawsuit Against a Trucking Company After a Crash

Why Sue the Trucking Company for an Accident?

After a truck accident, the truck driver is often initially blamed. But in many cases, the trucking company or other parties may be liable for the truck accident because of:

• Failing to maintain and repair vehicles
• Pressuring drivers to exceed legal hours
• Hiring unqualified or unlicensed drivers
• Ignoring federal or state safety regulations
• Failing to properly train or supervise drivers

This legal concept is known as vicarious liability, where an employer is held accountable for the negligent actions of its employee while on the job. Additionally, trucking companies can be directly liable if their employment policies or negligence contributed to the accident.

Step 1: Get Medical Help and Document the Crash

Your priority should always be health and safety. Seek medical treatment immediately after the crash, even if your injuries seem minor. While receiving the care you need, you also collect documentation about your injuries that you can use in your case.

You also should try to collect as much evidence about the crash as possible, including:

• Photos of the vehicles, road conditions, and injuries
• Contact information for the truck driver and any witnesses
• Police report and crash documentation
• Medical records and treatment notes

Strong documentation is essential when preparing a lawsuit against a trucking company after a crash.

Step 2: Speak With Our Truck Accident Attorneys

Trucking accidents can involve multiple parties, federal regulations, and aggressive insurance companies. These cases frequently require in-depth knowledge of both Minnesota personal injury law and federal trucking regulations. Our experienced truck accident lawyers can:

• Investigate the accident
• Request and preserve critical evidence
• Identify all potentially liable parties
• File insurance claims and legal documents on your behalf
• Represent you in court, if needed

Without legal representation, it’s easy to feel overwhelmed by corporate legal teams and insurance adjusters seeking to reduce your financial award.

Step 3: Investigate the Trucking Company’s Role

One of the most important parts of preparing to sue a trucking company after an accident is gathering evidence about the company’s operations, including:

• Driver logs: Were drivers overworked or violating hours-of-service rules?
• Maintenance records: Were the brakes, tires, or other systems neglected?
• Hiring and training: Did the company employ a driver with a poor safety record?
• Black box data: Was the truck speeding or braking late? Is there dashcam footage?
• Prior violations: Has the company been cited for safety issues in the past?
• Improperly loaded cargo: Overloaded trucks are dangerous, so who loaded the truck and did they do it right?

Preserving this evidence is crucial. Trucking companies may try to hide or destroy information after a crash, making legal intervention necessary.

Step 4: File an Insurance Claim

Before filing a formal lawsuit, our attorneys may first attempt to settle the matter through an insurance claim. Trucking companies carry large commercial liability policies. We’ll start negotiations with the insurance adjusters on your behalf, trying to settle the case out of court.

Step 5: File a Lawsuit

However, if the insurer refuses to make a fair offer, your next step is to proceed with a lawsuit against the trucking company after a crash. We will officially file the lawsuit in the appropriate Minnesota civil court. This step includes:

• Filing a complaint outlining your claims and damages
• Serving the trucking company with legal notice
• Beginning the discovery process (gathering evidence and taking depositions)
• Engaging in pre-trial motions and possibly mediation

Even after filing the lawsuit and preparing for a court date, we’ll continue negotiations in case the insurer changes its mind. Sometimes, simply filing a lawsuit sparks the insurer to start negotiating more fairly. However, if we do not reach a negotiated resolution, your case will proceed to trial. A jury will decide whether the trucking company is liable and what compensation you’re owed.