A Trucker Ran Me Off the Road: Can I File a Lawsuit?
Commercial trucks are larger and heavier than passenger vehicles, making them a threat to other drivers. Truck accidents can result in catastrophic personal injuries and emotional and financial damages.
Being run off the road can also result in damage. Individuals run off the road by a trucker may wonder if they can file a lawsuit to pursue compensation for losses. Truck accident lawyers at Reed & Terry, LLP, who serve Sugar Land, Katy, and Richmond, TX, investigate situations like these to determine if filing a lawsuit is appropriate.
Can I Sue if the Trucker Never Struck My Vehicle?
A crash refers to the collision of two or more vehicles. When vehicles make contact, it often causes property damages and personal injuries. However, damages can occur without an impact.
Commercial trucks have large blind spots that make it difficult to see surrounding vehicles. Truck drivers should be aware of blind spots and take appropriate measures to clear their vehicle’s surroundings before changing lanes or making other maneuvers.
A truck driver’s negligence can force surrounding drivers to take drastic measures to avoid a collision, such as driving their vehicle off the road. If a car is driven off the road, they may be able to file a lawsuit, even if there was no contact between the vehicles. A lawsuit can be filed provided there are losses related to going off the road. Losses may include personal injuries, medical expenses, lost income, and pain and suffering.
Establishing Liability
An accident victim has to establish liability to hold a trucker liable for losses related to being driven off the road. A truck driver can be held accountable for the damages of going off-road if their negligent or reckless actions run a vehicle off the road. Negligent and reckless practices that may include:
- Failure to check for blind spots
- Unsafe lane changes
- Tailgating
- Speeding
- Road rage or aggressive driving
Who Can I Sue?
Liability for being run off the road may fall on the truck driver who acted recklessly or negligently. However, depending on the circumstances of the accident, injured parties may also be able to sue the trucking company that owns the truck or employs the truck driver.
Individuals can sue a trucking company if their neglect contributed to the accident. For instance, when a trucking company fails to provide adequate training, neglects truck maintenance, or engages in unsafe hiring practices, it may be partially liable for damages.
What to Do if You Are Run Off the Road
Drivers run off the road by a reckless or negligent trucker should take steps after the accident to strengthen a potential lawsuit. If possible, we recommend that drivers:
- Take photographs of the responsible truck and the accident scene
- Write down the name of the trucking company
- Collect the truck driver’s contact information, driver’s license, and insurance (if they stop)
- Collect contact information from witnesses
- Call the police and file a report
- Call a truck accident lawyer
Contact Us
When a reckless or negligent trucker runs a driver off the road and causes physical, emotional, or financial damages, they should be liable for resulting losses. If you are considering filing a personal injury lawsuit and would like to learn if you have grounds for a case, contact our law firm at your earliest convenience to schedule a free case review.
