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  • About Us
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    • Community Involvement
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    • Attorney Zach Herschensohn
    • Attorney Robert Fulton
  • Practice Areas
    • Personal Injury
    • Car Accidents
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Who Can I Sue After a Truck Accident?

  1. Who to File a Lawsuit Against After a Truck Accident
  2. Damages You Can Sue for in a Truck Accident Case
  3. Hire a Truck Accident Lawyer at Our Firm Today

Who you can sue after a truck accident depends on who caused it and other details. For example, if the truck driver caused it, their employer would take financial responsibility in most cases due to the doctrine respondeat superior. This principle places liability on employers when their employees act negligently. However, trucking companies, manufacturers, and loading companies might have also played a role in causing the crash.

Our personal injury lawyer can help you identify the negligent and liable parties in a truck accident case. Call Herschensohn Law today at (206) 588-4344 to find out more about how we can assist you.

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Who to File a Lawsuit Against After a Truck Accident

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car wreck

You may think that the truck driver is the only responsible party for your accident, and while that is true in some cases, there are other times when another party is either solely or partially responsible for the accident. Once you determine who is liable for your accident, you can bring your lawsuit against them.

Possible responsible parties in a truck accident include the following:

The Truck Driver

In addition to posted signs and rules of the road, truck drivers are subject to Federal Motor Carrier Safety Administration (FMCSA) regulations. Part of them includes the Hours of Services, which enforces rules on:

  • The maximum number of hours a driver may drive their truck
  • The maximum number of hours a driver may be on duty
  • The number and length of required rest periods

If a driver does not follow any of these rules, they may put the lives of drivers they share the road with at risk. Other reasons why a truck driver may be responsible for your accident include:

  • Speeding
  • Distracted driving
  • Failing to yield
  • Failing to check their blind spot
  • Driving while fatigued
  • Driving under the influence of alcohol
  • Reckless driving

Although the truck driver might have been negligent on the road, they may not be liable for your damages. Liability indicates financial responsibility rather than fault, which indicates who caused the crash. Since trucking companies usually take responsibility for their employees and what they do, the company may be on the hook for your damages.

moving truck

Related Article

What Should I Do After a Truck Accident?

The Trucking Company

The trucking company may be liable for your accident if they fail to perform the duties deemed necessary to keep their truck operating safely. Trucking companies must have routine maintenance done to their vehicles to ensure all parts of the vehicle are operating correctly, including the following:

  • Brakes
  • Tires
  • Headlights, taillights, and signal lights
  • Mirrors
  • Steering systems
  • Suspension systems
  • Windshield wipers

If any of these parts don’t work properly, the truck could operate unsafely. An accident caused by faulty brakes may be the fault of the trucking company, not the truck driver, even if the truck driver rear-ends your vehicle.

Trucking companies may also bear responsibility for hiring qualified drivers and ensuring that they have the proper license to operate the vehicle. If they fail to properly vet these drivers and they cause an accident, you may have grounds to sue the trucking company.

There are also times when trucking companies will force their drivers to break Hours of Service laws to meet a deadline. As a result, the driver may feel drowsy and doze off behind the wheel, potentially leading to serious accidents.

A Truck Parts Manufacturer

You may sue the truck manufacturer or the manufacturer of a defective truck part if they fail to inform the trucking company of the danger their defective part poses.

A defective part may go unnoticed by the trucking company, because it may not work properly from the moment it is installed in the truck. If the trucking company has a part replaced, they may not have to ensure that it is working properly. If an accident occurs shortly after, the manufacturer of the part may be liable.

The Loading Company

The loading company is responsible for loading cargo onto a truck. If they fail to properly balance the cargo, overload the cargo, or do not properly secure the cargo, it can lead to a truck accident. In this event, you may pursue a case against the loading company.

To prove that the loading company was responsible for the accident, police and your attorney would review the truck driver’s logbook, which details when and what the cargo company loaded onto the truck and other relevant information.

car wreck
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Damages You Can Sue for in a Truck Accident Case

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getting legal help after a car accident

If you were hurt in a truck accident, you should have the right to sue the liable party for your damages. Possible compensation you may recover includes the following:

  • Past and future medical care costs
  • Lost income
  • Reduced earning potential
  • Property damage costs
  • Pain and suffering
  • Disfigurement
  • Mental anguish
  • Funeral or burial fees

You don’t have forever to sue for these damages. Under RCW 4.16.080, you must generally comply with a three-year deadline to file a lawsuit against the liable party. Failure to do so may lead to the court refusing to hear your case. In that event, the responsibility of covering your losses will be up to you.

getting legal help after a car accident
People we’ve helped

“Very knowledgeable and trustworthy. Zach Herschensohn provided me with excellent service. He kept me well informed and explained complicated issues in a way I could understand. He took the lead and guided me through everything necessary to achieve a successful outcome. Overall, I am very pleased with his service and would highly recommend him to anyone.”

- P.R., Katy, WA

“Very knowledgeable and trustworthy. Zach Herschensohn provided me with excellent service. He kept me well informed and explained complicated issues in a way I could understand. He took the lead and guided me through everything necessary to achieve a successful outcome. Overall, I am very pleased with his service and would highly recommend him to anyone.”

- P.R., Katy, WA

“Very knowledgeable and trustworthy. Zach Herschensohn provided me with excellent service. He kept me well informed and explained complicated issues in a way I could understand. He took the lead and guided me through everything necessary to achieve a successful outcome. Overall, I am very pleased with his service and would highly recommend him to anyone.”

- P.R., Katy, WA

“Very knowledgeable and trustworthy. Zach Herschensohn provided me with excellent service. He kept me well informed and explained complicated issues in a way I could understand. He took the lead and guided me through everything necessary to achieve a successful outcome. Overall, I am very pleased with his service and would highly recommend him to anyone.”

- P.R., Katy, WA

“Very knowledgeable and trustworthy. Zach Herschensohn provided me with excellent service. He kept me well informed and explained complicated issues in a way I could understand. He took the lead and guided me through everything necessary to achieve a successful outcome. Overall, I am very pleased with his service and would highly recommend him to anyone.”

- P.R., Katy, WA
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Hire a Truck Accident Lawyer at Our Firm Today

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Trying to determine the liable party on your own can be difficult. That is why it is helpful to choose our law firm to represent you and determine who you should sue after a truck accident. They can collect evidence, review logbooks, speak with eyewitnesses and experts, and review the police report to identify all responsible parties in your case.

At Herschensohn Law, we offer free consultations and don’t take any fees until we recover your damages. We can work tirelessly on your behalf once you elect us to represent you. If you are ready to recover the compensation you deserve following your truck accident, call us at (206) 588-4344.

Our results speak for themselves

$1.6m
SETTLEMENT

After a worker was electrocuted on a construction site and suffered life-changing injuries, we fought and won on their behalf.

$1.25m
SETTLEMENT

When a retired man was killed in a truck accident, we made sure his grieving family got fair compensation.

$950k
SETTLEMENT

When a defective medical device harmed our client, we fought to ensure they had the financial compensation needed to recover.

VIEW MORE RESULTS
CONTACT HERSCHENSOHN LAW

Hurt? Let our law firm handle the details

When you request your free consultation, Kent personal injury attorney Zach Herschensohn will listen to you, answer your questions, lay out your legal options, and give you down-to-earth legal advice.

When you work with our law office, there are no obligations, hidden fees, or fine print. It’s that simple.

Request your free case evaluation

We’ll meet with you to help you understand your legal options and what to do next.

Enter your contact information:

Disclosure(Required)
This field is for validation purposes and should be left unchanged.

We’re proud to fight—and win—for injured people in Kent, Washington. View our case results to learn more.

VIEW RESULTS

Truck

  1. Safety Should Be Your First Priority After a Truck Accident
  2. Call the Police to the Truck Accident Scene
  3. Take Pictures of the Truck Accident Scene
  4. Seek Prompt Medical Care Following a Truck Collision
  5. Consult With Our Attorney Who Handles Truck Accident Cases
  6. Our Attorney Can Explain What You Should Do After a Truck Accident

Truck accidents are potentially catastrophic events that can have long-lasting effects on those injured. In the moments following such an event, you must remain calm and focus on the safety of yourself and any passengers in your vehicle.

After grappling with the situation, you may want to take certain measures in the hours, days, and weeks following your accident to ensure your safety and help give yourself the best chance to recover financial compensation.

Call Herschensohn Law today to learn more about what you should do after a truck accident in a free case review.

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Safety Should Be Your First Priority After a Truck Accident

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Speeding Truck Accident

Before you do anything else, you should move your car safely out of the flow of traffic, turn it off, and put your hazards on. However, truck accidents can severely damage or total your car. If this happens to you, call the police and let them know the urgency of your situation. 

 

Do not leave your vehicle unless it is safe to do so. If your accident takes place on a major highway, wait where you are until emergency services arrive.

Kent Driver Fatigue Truck Accident Attorney

Related Article

Who Can I Sue After a Truck Accident?

Checking for Injuries

Before calling the police, you should check whether you or any passengers in your vehicle have suffered injuries. Whether these injuries look minor or severe, it is best to call 911 and have a medical professional conduct a physical examination as soon as possible.

Speeding Truck Accident
Previous Next

Call the Police to the Truck Accident Scene

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Reckless Truck Driving Accident Attorneys in Kent

Even if no one sustained injuries, your accident occurred in a safe place, and/or your car still works, you should call the police, as it can:

  • Create a record of your accident
  • Allow the police to make the accident scene as safe as possible
  • Allow you to give your statement to the police following the accident
  • Allow the police to recover eyewitness testimonies, if any
  • Create a police report that may be useful if you take legal action against the liable party or parties

Additionally, emergency services that arrive with the police can look at injuries and determine further necessary medical treatment.

Reckless Truck Driving Accident Attorneys in Kent
People we’ve helped

“Very knowledgeable and trustworthy. Zach Herschensohn provided me with excellent service. He kept me well informed and explained complicated issues in a way I could understand. He took the lead and guided me through everything necessary to achieve a successful outcome. Overall, I am very pleased with his service and would highly recommend him to anyone.”

- P.R., Katy, WA

“Very knowledgeable and trustworthy. Zach Herschensohn provided me with excellent service. He kept me well informed and explained complicated issues in a way I could understand. He took the lead and guided me through everything necessary to achieve a successful outcome. Overall, I am very pleased with his service and would highly recommend him to anyone.”

- P.R., Katy, WA

“Very knowledgeable and trustworthy. Zach Herschensohn provided me with excellent service. He kept me well informed and explained complicated issues in a way I could understand. He took the lead and guided me through everything necessary to achieve a successful outcome. Overall, I am very pleased with his service and would highly recommend him to anyone.”

- P.R., Katy, WA

“Very knowledgeable and trustworthy. Zach Herschensohn provided me with excellent service. He kept me well informed and explained complicated issues in a way I could understand. He took the lead and guided me through everything necessary to achieve a successful outcome. Overall, I am very pleased with his service and would highly recommend him to anyone.”

- P.R., Katy, WA

“Very knowledgeable and trustworthy. Zach Herschensohn provided me with excellent service. He kept me well informed and explained complicated issues in a way I could understand. He took the lead and guided me through everything necessary to achieve a successful outcome. Overall, I am very pleased with his service and would highly recommend him to anyone.”

- P.R., Katy, WA
Previous Next

Take Pictures of the Truck Accident Scene

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blog-post-03

After your accident, one of the most useful things you can do is take photos of the damage to your car and the truck that crashed into you. You should also take pictures of any other vehicles involved in the accident and of anything else that was damaged in your wreck, such as a median or a streetlight.

You can use these photos as evidence should you need to seek legal representation following your accident. Do not take these pictures until the scene of your accident is safe. It is never worth putting yourself in a dangerous situation to obtain these photographs.

blog-post-03
Previous Next

Seek Prompt Medical Care Following a Truck Collision

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If you suffered any injuries, even if you think they are minor, or if you simply do not feel right following your accident, you should seek medical attention. Common injuries from truck accidents include:

  • Broken bones and fractures
  • Lacerations
  • Internal organ damage
  • Traumatic brain injuries (TBI)
  • Back injuries
  • Neck injuries

Some of these injuries, like TBI, may take days to start to show symptoms, and you may feel fine after your accident, according to Mayo Clinic. Waiting to receive care can allow your injuries more time to manifest, potentially leading to long-term damage.

Keep in mind that the other party should cover all medical expenses. Otherwise, you can take legal action to ensure that you are not paying for anything that resulted from someone else’s negligence.

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Consult With Our Attorney Who Handles Truck Accident Cases

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After your accident, you may feel that you can handle the claims process on your own.

However, consulting an attorney following your accident may have various benefits. While they do not bear responsibility for paying for damages caused by a truck accident, claimants may do following an accident that makes it more difficult for them to obtain fair compensation.

Accidentally Admitting Fault for the Crash

A day or two following the crash, you may receive phone calls from your insurance company and/or the other party’s insurance company. Do not accidentally admit fault for what happened during this time.

Insurance companies can use your answers against you when they determine fault and what amount of payment you should receive. Be honest with the insurance company, and stick to the basic details of the crash.

If you hire an attorney from our firm to represent you, they can guide you through the process of speaking with insurance companies and even speak to them on your behalf.

Not Adhering to the Statute of Limitations

In the state of Washington, truck accident claimants usually have three years to produce a lawsuit against the liable party, according to RCW 4.16.080. If you do not bring your lawsuit forward in this time frame, you may not be able to obtain compensation for damages.

After an accident, focus on healing from your injuries and getting your life back in order rather than bringing forth a lawsuit against the liable party. That is where working with an attorney at our firm can help you. They can work on your behalf, compiling evidence and filing your lawsuit before the deadline while you recover from your injuries.

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Our Attorney Can Explain What You Should Do After a Truck Accident

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At Herschensohn Law, we want to see all of our clients recover the compensation they deserve. By following the steps provided above after your truck accident, you give yourself a great chance at recovering fair compensation.

When you are ready to speak with a legal representative, contact our firm at (206) 588-4344. The first call comes at no cost or obligation. We also work based on contingency, meaning we do not take any upfront fees and only receive our payment if we secure compensation for you.

Our results speak for themselves

$1.6m
SETTLEMENT

After a worker was electrocuted on a construction site and suffered life-changing injuries, we fought and won on their behalf.

$1.25m
SETTLEMENT

When a retired man was killed in a truck accident, we made sure his grieving family got fair compensation.

$950k
SETTLEMENT

When a defective medical device harmed our client, we fought to ensure they had the financial compensation needed to recover.

VIEW MORE RESULTS
CONTACT HERSCHENSOHN LAW

Hurt? Let our law firm handle the details

When you request your free consultation, Kent personal injury attorney Zach Herschensohn will listen to you, answer your questions, lay out your legal options, and give you down-to-earth legal advice.

When you work with our law office, there are no obligations, hidden fees, or fine print. It’s that simple.

Request your free case evaluation

We’ll meet with you to help you understand your legal options and what to do next.

Enter your contact information:

Disclosure(Required)
This field is for validation purposes and should be left unchanged.

We’re proud to fight—and win—for injured people in Kent, Washington. View our case results to learn more.

VIEW RESULTS
  1. Marijuana ranks highest for substances identified in truck drivers’ failed drug tests
  2. Marijuana most commonly found in truck driver drug tests
  3. What to do if you were injured by an impaired truck driver
Next

Marijuana ranks highest for substances identified in truck drivers' failed drug tests

Next
drug test

Large commercial trucks are an important part of our economy. Since they can weigh as much as 80,000 pounds with fully-loaded cargo, it takes a great deal of skill and responsibility to operate one of these massive vehicles.

Kent Driver Fatigue Truck Accident Attorney

Related Article

Who Can I Sue After a Truck Accident?

One of the most dangerous things a commercial truck driver can do is get behind the wheel while under the influence of drugs, alcohol or certain medications.

Many substances have overlapping effects on drivers’ judgment, reaction time, coordination, muscle control and visual functioning.

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Marijuana most commonly found in truck driver drug tests

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It should be no surprise that marijuana is an emerging substance that is often linked to impaired driving. Today, it’s legal to purchase cannabis products in many states, including Washington. Truck drivers are required to undergo random drug testing under federal law (§ 382.305) set forth by the Federal Motor Carrier Safety Association (FMCSA). In addition, the federal agency tracks drug testing and provides real time information regarding truck drivers who have failed drug tests. This can be found in the FMCSA’s new Drug and Alcohol Clearinghouse report. The report collected drug testing data from September 2019 to May 2020 and identified 19,849 truck drivers who tested positive for at least one substance. Among those were:
  • Marijuana — 10,388 positive tests
  • Cocaine — 3,192 positive tests
  • Methamphetamine — 2,184 positive tests
Truck drivers who tested positive for substances are required to complete a return-to-duty process before they can begin driving again. Roughly 15,682 truck drivers hadn’t begun the process when the clearinghouse report was published. Marijuana is more likely to show up in drug tests in states where it is legal for medicinal and recreational use. According to Amber Schweer, the supervisor of the Owner-Operator Independent Drivers Association, many truck drivers are not aware of the consequences of using cannabis products, even while off duty. “There are so many companies that claim you won’t test positive using their product when in reality they cannot guarantee that,” said Schweer. “Drivers are not heeding the warnings that are put out there and, unfortunately, are facing expensive and detrimental consequences to their career.” The U.S Department of Transportation also cautions that CBD products can contain THC, which can show up on a drug test.
People we’ve helped

“Very knowledgeable and trustworthy. Zach Herschensohn provided me with excellent service. He kept me well informed and explained complicated issues in a way I could understand. He took the lead and guided me through everything necessary to achieve a successful outcome. Overall, I am very pleased with his service and would highly recommend him to anyone.”

- P.R., Katy, WA

“Very knowledgeable and trustworthy. Zach Herschensohn provided me with excellent service. He kept me well informed and explained complicated issues in a way I could understand. He took the lead and guided me through everything necessary to achieve a successful outcome. Overall, I am very pleased with his service and would highly recommend him to anyone.”

- P.R., Katy, WA

“Very knowledgeable and trustworthy. Zach Herschensohn provided me with excellent service. He kept me well informed and explained complicated issues in a way I could understand. He took the lead and guided me through everything necessary to achieve a successful outcome. Overall, I am very pleased with his service and would highly recommend him to anyone.”

- P.R., Katy, WA

“Very knowledgeable and trustworthy. Zach Herschensohn provided me with excellent service. He kept me well informed and explained complicated issues in a way I could understand. He took the lead and guided me through everything necessary to achieve a successful outcome. Overall, I am very pleased with his service and would highly recommend him to anyone.”

- P.R., Katy, WA

“Very knowledgeable and trustworthy. Zach Herschensohn provided me with excellent service. He kept me well informed and explained complicated issues in a way I could understand. He took the lead and guided me through everything necessary to achieve a successful outcome. Overall, I am very pleased with his service and would highly recommend him to anyone.”

- P.R., Katy, WA
Previous

What to do if you were injured by an impaired truck driver

Previous

While random drug tests can help keep impaired truck drivers off the road, there may be some truckers who go under the radar and put others on the road in danger. If you or a loved one was injured in a crash with an impaired truck driver, get an experienced Washington truck accident attorney on your side.

Herschensohn Law Firm, PLLC is dedicated to helping crash victims and their families in the pursuit of justice. Our legal team knows how to investigate crashes involving large commercial trucks and advocate for fair and complete compensation.

We serve clients in Kent and the greater Seattle area. To learn more, contact us online and schedule your free legal consultation.

Our results speak for themselves

$1.6m
SETTLEMENT

After a worker was electrocuted on a construction site and suffered life-changing injuries, we fought and won on their behalf.

$1.25m
SETTLEMENT

When a retired man was killed in a truck accident, we made sure his grieving family got fair compensation.

$950k
SETTLEMENT

When a defective medical device harmed our client, we fought to ensure they had the financial compensation needed to recover.

VIEW MORE RESULTS
Request your free case evaluation

We’ll meet with you to help you understand your legal options and what to do next.

Enter your contact information:

Disclosure(Required)
This field is for validation purposes and should be left unchanged.

We’re proud to fight—and win—for injured people in Kent, Washington. View our case results to learn more.

VIEW RESULTS
19219 68th Ave S Suite M-101
Kent, WA 98032
301 E 2nd Ave Suite 201
Ellensburg, WA 98926
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Graham, WA 98338
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Seattle, WA 98109
1357 NW Louisiana Ave
Chehalis, WA 98532

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