A severe truck accident can reshape your life. It can leave you with catastrophic injuries that make it difficult to live a normal life without daily pain and suffering, and the financial harm that’s dealt to you can be consuming. If you or a loved one are facing those tough realities now, you’re probably wondering about what you can do to try to find accountability and recover compensation. But how do you go about doing that?
The best way, of course, is to pursue a personal injury lawsuit. But these claims can be more complex than they seem on the surface. That’s why this week on the blog, we wanted to take a closer look at how these claims play out.
Who can you hold liable for a truck accident?
Depending on the facts of your case, you may be able to hold the trucker who caused your accident and their employer liable for your damages. Your ability to pursue legal action against a truck company rests upon a legal theory known as vicarious liability.
Here, you’re able to hold an employer accountable for an employee’s actions if you can prove certain elements. Among these elements are that the trucker was on the clock and performing their job duties at the time of the wreck, and that the employer was benefiting from those activities.
Why suing a truck company matters
Your damages following a truck accident can be devastating and costly. While you may be able to secure a judgment against a trucker who caused your crash, they may not have the financial resources to adequately pay that judgement.
A truck company, on the other hand, is much more likely to be positioned to pay you what you’re owed. So, you’re better off pursuing a claim against both if you can so that you maximize your chances of recovering the compensation that you need.
Dealing with insurance companies
If you pursue a legal claim, you’re bound to square off against one or more insurance companies. These entities will probably try to downplay your injuries and raise doubt as to the strength of your case, all in an attempt to drive you toward a settlement.
For example, an insurance company may try to argue that you were comparatively negligent or that the trucker who caused the wreck was operating outside of the scope of their employment, the latter of which may shield a truck company from liability.
Don’t take these insurance companies at their word. Their interests are counter to yours, which means they may withhold information from you or skew the facts to try to push you around.
Preparing your case
Before you engage a truck company, a trucker or an insurance company, you need to know the ins and outs of your case. You also should understand the implications of those facts on your case from a legal perspective. This can be challenging to do given the complexities involved in your case, but you don’t have to do all of the heavy lifting on your own.
Experienced legal teams that know how to competently navigate these truck accident cases are out there. By working with one, you may be able to find a legal avenue to get you to where you want to be. Hopefully, you can then obtain a sense of justice and secure the financial resources that you need for long-term stability and a robust recovery.