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Who do you need to sue after your truck accident?

On Behalf of | Mar 15, 2023 | Motor vehicle crashes

Truck accidents often result in catastrophic injuries. This is because these big rigs are massive in size, weighing as much as 80,000 pounds compared to just a few thousand pounds for your average passenger vehicle. Making matters worse is that many of these accidents occur at high speed when truckers are distracted or drowsy, or when they simply fail to recognize slowed or stopped traffic or vehicles that are in their blind spots.

Regardless of how a truck accident occurs, victims of these wrecks are left to pick up the pieces. While this certainly includes finding adequate medical care, it also involves trying to find financial stability at a time when they need to take time off work to focus on their recovery. If you or a loved one are in that position now, then you’re probably worried about your future.

Suing the truck driver who caused your accident

Even though you might be stressed out right now, there is hope for your future. If you’re able to successfully pursue a personal injury lawsuit, then you might be able to recover the compensation that you need to offset your damages and spur your recovery forward. However, merely filing a claim against the trucker who caused your wreck is probably going to be insufficient.

This is because your injuries may result in a significantly sized judgment. But being awarded compensation via court order and actually recovering that money are two different things. And the truth of the matter is that many truckers simply don’t have the financial resources to pay these sorts of massive judgments. That can leave you stranded without the financial resources that you need.

Why you need to consider suing the truck company, too

Fortunately, there’s a strong likelihood that you’ll also be able to take legal action against the company that employs the trucker. This is because employers can be held accountable for the negligent actions of their employees so long as they are deriving some benefit from their employee’s actions at the time of the accident.

Therefore, in order to prove your case against a truck company, you’ll have to show the following:

  • The trucker was on the clock and being paid by the truck company at the time of the accident
  • The trucker was performing their job duties when the wreck occurred
  • The truck company was receiving a benefit from the trucker’s driving at the time of the wreck, such as by distributing goods in accordance with a contract

There may be other ways to impose liability on a truck company, too. For example, if the truck in question was improperly maintained and wasn’t routinely inspected as is required by federal safety regulations, then you might be able to use that information to support your claim.

The key here is to be diligent in analyzing the facts of your case. Also, you’ll want to anticipate the truck company trying to shift the blame back onto the trucker, onto a third-party, or even onto you. Don’t let that happen.

Be ready to fight for the outcome you deserve

There’s a lot at stake in your personal injury case. If you inadequately present evidence on your claim, then you ultimately could be left without the financial resources that you need and deserve.

To avoid that from happening, you might want to work closely with a legal professional who knows how to competently navigate these sorts of claims. Hopefully then you can recover the compensation that you need to allow you to focus on your recovery.