I Got Hit by a Semi-Truck and My Car is Totaled. Do I Sue the Trucking Company or the Driver?

Getting hit by a semi-truck is nothing short of overwhelming. One minute, you’re going about your day, and the next, your car is wrecked, your body hurts, and you’re left wondering what happens next. Should you go after the truck driver, the trucking company, or both? It’s a big decision, and we’re here to help break it down in a way that makes sense.

Who’s Really at Fault in a Semi-Truck Accident?

It might seem like the truck driver is automatically to blame, but truck accident cases are rarely that simple. Unlike a typical car accident, where liability usually falls on one of the drivers, these cases can involve multiple responsible parties. Fault could land on:

• The truck driver, if they were reckless, distracted, or breaking the law
• The trucking company, if they cut corners on training, safety, or truck maintenance
• The truck manufacturer, if a defective part contributed to the crash
• A third-party maintenance provider, if improper repairs played a role

A skilled personal injury attorney will investigate all angles to determine who should be held accountable. And trust us—trucking companies and their insurance providers will do everything they can to avoid taking responsibility.

When is the Truck Driver Responsible?

Let’s face it—truck drivers often have a tough job, but they’re still required to drive safely. You may have grounds for a personal injury lawsuit if the truck driver was:

• Speeding, tailgating, or driving aggressively
• Driving under the influence of alcohol or drugs (yes, it happens)
• Fatigued from working too many hours, in violation of federal regulations
• Distracted—texting, eating, or anything that took their attention off the road
• Ignoring traffic laws, such as running red lights or failing to yield

If any of this sounds like what happened to you, a truck accident lawyer can help you file a claim against the driver’s insurance. But what if the real issue started before they even got behind the wheel?

When is the Trucking Company Liable?

Most truck drivers don’t own the trucks they drive. Instead, they work for trucking companies that dictate their schedules, safety protocols, and vehicle maintenance. If the trucking company cut corners or ignored regulations, they may be liable. This includes:

• Hiring unqualified drivers or failing to check their background
• Forcing drivers to exceed legal driving hours, pushing them past their limits
• Skipping or delaying truck maintenance, leading to mechanical failures
• Ignoring safety regulations to save time and money

Here’s the deal: Trucking companies usually have higher insurance coverage than individual drivers, which means going after them might lead to a larger settlement. A personal injury lawyer will know how to hold them accountable.

What If the Truck Had Mechanical Issues?

Sometimes, it’s not the truck driver or trucking company’s direct fault. Instead, a mechanical failure might have caused or worsened the truck accident. In this case, liability could fall on:

• The truck manufacturer, if a defect was present from the start
• The maintenance provider, if repairs were done incorrectly or neglected

Your personal injury attorney will investigate police reports, medical records, and maintenance logs to determine whether third-party negligence played a role in your crash.

How Do You Prove Negligence in a Truck Accident Case?

Winning a personal injury lawsuit means proving negligence—that someone’s carelessness caused your injuries. Your truck accident attorney will gather key evidence such as:

• Black box data from the truck, showing speed, braking, and driving time
• Dashcam or surveillance footage of the accident
• Police reports
• Eyewitness statements
• Medical records that document your injuries
• Driver’s logs, to check if federal driving limits were violated
• Truck maintenance records, to see if the vehicle was safe to be on the road

Having an experienced accident lawyer ensures all angles are investigated and trucking companies don’t get away with unsafe practices.

Should You Accept a Settlement or Take It to Trial?

After a truck accident, insurance companies will often offer a settlement. But is it actually fair? That’s where your truck accident lawyer comes in.

When a Settlement Makes Sense:

• The offer fully covers your medical bills, lost wages, and pain and suffering
• You have strong evidence, and the company wants to avoid bad publicity
• You prefer a quick resolution rather than a long court battle

When Taking It to Trial is the Better Option:

• The insurance company’s offer is way too low
• You suffered severe injuries requiring long-term medical care
• There’s strong evidence of negligence, but they refuse to accept responsibility

An experienced truck accident attorney knows how to negotiate a fair deal—but if push comes to shove, they won’t hesitate to take your case to court.

What Kind of Compensation Can You Expect?

Every truck accident case is different, but you may be entitled to compensation for:

• Medical bills, including future treatments
• Lost income and reduced earning potential
• Pain and suffering, both physical and emotional
• Property damage, especially if your car is totaled
• Rehabilitation and therapy costs
• Wrongful death damages, if you lost a loved one in the accident

A skilled personal injury lawyer will fight to ensure you receive every dollar you deserve.

What Should You Do Immediately After a Truck Accident?

If you’ve been hit by a semi-truck, take these crucial steps to protect your case:

1. Call 911 and get medical attention—even if you feel fine.
2. Document the accident by taking photos of the scene, your vehicle, and any injuries.
3. Get witness contact information, as their statements may help your claim.
4. Request a police report to serve as an official record.
5. Avoid speaking to insurance adjusters before consulting a truck accident lawyer.
6. Contact a personal injury attorney who can guide you through the legal process.

DP Injury Attorneys—Getting You the Help You Deserve

A semi-truck accident can throw your life into chaos. Medical bills stack up, insurance companies stall, and you’re stuck wondering who should be held accountable.

At DP Injury Attorneys, we see you—not just as a case, but as someone who deserves justice. Whether a reckless truck driver, a careless trucking company, or an insurance provider dodging responsibility is to blame, we’re ready to stand up for you.

Let’s figure out your next move together. Contact DP Injury Attorneys today for a free case review—because you shouldn’t have to fight this battle alone.