There’s no doubt that a truck accident can cause a significant amount of damage to unsuspecting motorists. Physical and emotional pain can be overwhelming, medical expenses can be ruinous, and lost wages can threaten any semblance of financial stability. In other words, there’s too much at stake in the aftermath of a truck accident to forego consideration of your legal options.
Who should you hold accountable?
The short answer is whoever you can. In practical terms, you’ll want to think about filing a claim against the errant trucker who caused your injuries, but that trucker and his or her insurance company may be unable to pay the full extent of your damages if you win your case. This isn’t to say that you should forego a lawsuit against a negligent trucker. It simply means that you need to think about which other pools of resources you might be able to reach into.
Consider whether vicarious liability is applicable
If the trucker who harmed you is an independent contractor, then your options might be a little more limited than if a truck company employs the trucker. This is because vicarious liability allows you to seek to hold an employer accountable for an employee’s actions. If successful in imposing liability on a truck company, you’ll probably have a better chance of recovering the compensation you need and deserve. Truck companies oftentimes have more money and larger insurance policies that are much more likely to cover the full extent of your damages.
Know how to build your case
There’s a lot that goes into a personal injury case. You’ll need to comply with certain legal technicalities, of course, but you’ll also have to gather evidence, interview and subpoena witnesses, develop legal arguments that are persuasive in nature, competently negotiate potential resolution, and aggressively litigate. These matters can be complicated even further when businesses like truck companies are involved. So, it might be worth conferring with an attorney of your own to come up with a solid strategy before proceeding with your claim.