Can I Sue Both the Driver and the Company in a Delivery Truck Accident?

Truck accidents can be devastating, leaving victims with serious injuries and mounting medical bills. If you’ve been involved in a collision with a delivery truck in Mesquite, Texas, you might wonder about your legal options. Can you sue both the driver and the company? The short answer is yes, but the process can be complex. Let’s dive into what you need to know.

If you or a loved one was injured in a truck accident in Texas, call the Oberg Law Office today at 972-682-9700  for a free consultation with a Texas accident attorney. Gregg Oberg is Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization. Protect your rights and explore your legal options with our legal guidance. 

Understanding Your Legal Rights in Truck Accidents

In Texas, victims of truck accidents have the right to seek compensation from all responsible parties. This means you can sue both the driver who caused the accident and the company that employs them. However, it’s crucial to understand the nuances of liability in these cases. 

Tip: Always gather as much information as possible at the accident scene, including the driver’s name, company information, and insurance details.

The Concept of Vicarious Liability

Vicarious liability is a legal principle that often comes into play in delivery truck accidents. This concept holds employers responsible for the actions of their employees while they’re on the job. In the context of a delivery truck accident, this means the company could be held liable for their driver’s negligence. 

Tip: Companies often have more substantial insurance policies than individual drivers, which can benefit your claim.

Steps to Take After a Delivery Truck Accident in Mesquite

Taking the right actions immediately after an accident can significantly impact your ability to sue successfully. Here’s what you should do:

• Ensure your safety and call 911

• Document the scene with photos and videos

• Collect witness statements and contact information

• Seek medical attention, even if you feel fine

• Report the accident to your insurance company

• Contact a Mesquite truck accident lawyer

Tip: Don’t discuss fault or apologize at the scene, as this could be used against you later.

The Importance of Timely Action: Texas Statute of Limitations

In Texas, you have a limited time to file a lawsuit after a truck accident. The statute of limitations for personal injury cases is generally two years from the date of the accident. This might seem like a long time, but building a strong case takes time. 

Tip: If you’re considering legal action while recovering from injuries, it’s crucial to consult with a truck accident lawyer in Mesquite as soon as possible.

Gathering Evidence to Support Your Case

Strong evidence is the backbone of any successful lawsuit against a driver and their company. Key pieces of evidence in a truck accident case may include:

• Police reports

• Eyewitness testimonies

• Medical records and bills

• The truck’s black box data

• Driver logs and company records

• Surveillance footage from nearby businesses

Tip: A skilled Mesquite truck accident attorney can help you gather and preserve crucial evidence that might otherwise be lost or destroyed.

Potential Damages in a Truck Accident Lawsuit

When suing both the driver and the company, you may be eligible for various types of compensation. These can include:

• Medical expenses (past and future)

• Lost wages and loss of earning capacity

• Pain and suffering, including delayed symptoms

• Property damage

• Loss of enjoyment of life

Tip: Keep detailed records of all expenses and how the accident has impacted your daily life to support your claim for damages.

The Role of Insurance Companies in Truck Accident Claims

Dealing with insurance companies after a truck accident can be challenging. The driver’s insurance and the company’s commercial policy may come into play. Insurance adjusters often try to minimize payouts, so having a truck accident lawyer in Mesquite on your side is crucial. 

Tip: An attorney can negotiate with insurance companies on your behalf and ensure you’re not pressured into accepting a low settlement offer.

Common Tactics Used by Insurance Companies

Be aware of these common insurance company tactics:

• Requesting recorded statements

• Offering quick, low settlements

• Delaying the claims process

• Disputing the severity of your injuries

Tip: Never give a recorded statement or accept a settlement offer without consulting a Mesquite truck accident attorney first.

How a Mesquite Truck Accident Lawyer Can Help Your Case

Navigating a lawsuit against both a driver and a company can be complex. A skilled truck accident lawyer in Mesquite can:

• Investigate the accident thoroughly

• Identify all liable parties

• Handle all communication with insurance companies

• Calculate the full extent of your damages

• Negotiate for a fair settlement

• Represent you in court if necessary

Tip: Look for a lawyer with specific experience in truck accident cases in the Mesquite area, as they’ll be familiar with local laws and court procedures.

The Process of Suing Both the Driver and the Company

Suing multiple parties involves a series of legal steps:

• Filing a complaint against both the driver and the company

• Serving the defendants with the lawsuit

• Engaging in the discovery process

• Participating in settlement negotiations

• Preparing for trial if a settlement isn’t reached

Tip: Be prepared for a potentially lengthy process, but remember that patience can often lead to a more favorable outcome.

Recent Legal Statistics Relevant to Truck Accidents

Understanding recent statistics can provide context for your case:

• In 2024, Texas saw a 5% increase in commercial truck accidents compared to the previous year.

• Approximately 68% of truck accident lawsuits in Texas resulted in settlements favoring the plaintiffs in 2024.

Tip: While these statistics are encouraging, every case is unique. Your Mesquite truck accident lawyer can help you understand how these trends might apply to your situation.

Local Considerations for Truck Accidents in Mesquite

Mesquite’s unique geography and traffic patterns can influence truck accident cases. High-traffic areas like Towne Centre Drive and the intersection of I-30 and I-635 are common sites for delivery truck accidents. Local events can also lead to increased truck traffic and potential accidents. 

Tip: A Mesquite truck accident attorney will know these local factors and how they might impact your case.

Frequently Asked Questions

1. How long must I file a truck accident lawsuit in Mesquite, Texas?

In Texas, you generally have two years to file a personal injury lawsuit from the accident date. However, it’s best to consult with a truck accident lawyer in Mesquite as soon as possible to ensure you get all the important deadlines.

2. Can I still sue if I was partially at fault for the accident?

Yes, Texas follows a modified comparative fault rule. As long as you’re found to be less than 51% responsible for the accident, you can still recover damages, though your percentage of fault may reduce your compensation.

3. What if the delivery company claims the driver was an independent contractor?

Companies sometimes try to avoid liability by claiming their drivers are independent contractors. However, a skilled Mesquite truck accident attorney can investigate the true nature of the employment relationship and help determine if the company can still be held liable.

4. How much is my truck accident case worth?

The value of your case depends on many factors, including the severity of your injuries, the impact on your life, and the available insurance coverage. A truck accident lawyer in Mesquite can help you estimate the potential value of your claim.

5. Should I accept the insurance company’s first settlement offer?

It’s generally only advisable to consult a Mesquite truck accident lawyer before accepting the first offer. Initial offers are often lower than what your case may be worth, and an attorney can negotiate for a fairer settlement.

Work with a Truck Accident Lawyer

If you’re considering suing both the driver and the company after a delivery truck accident in Mesquite, it’s crucial to have experienced legal representation. A skilled truck accident attorney can guide you through the complex legal process, protect your rights, and fight for your deserved compensation. 

Don’t navigate this challenging time alone – reach out to a trusted Mesquite truck accident lawyer today to discuss your case and explore your options.

Call us at 972-682-9700 for a comprehensive legal consultation, or visit Oberg Law Office to learn how we can help you get the justice and compensation you’re entitled to. Gregg Oberg is Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization. Take the first step today – we’re here to support you every step of the way.