Posted on: 29 April 2016Share
Getting into an accident with a truck might not only have wrecked your car, but it may also have left you with a number of injuries and medical bills. To seek some compensation as a result of what happened, you are likely eager to file a claim in court. Here are some suggestions you should be aware of along the way.
You Might Not Be Able to Sue the Trucking Company
You may not realize it, but the driver's employment status with the company they're driving for is very important to your claim. Their status affects which party you can hold responsible for your truck accident.
If the driver works as an employee for the trucking company, the company itself may have some responsibility in the events that took place that day. For example, if the company has not tracked how many hours a driver has worked recently or whether the driver has a poor driving history, you are likely to be able to take action against them. They might also be responsible if they never tested the driver for drug and any alcohol use or did not provide adequate training when the driver was hired.
However, if the truck driver is not an employee and instead does work for a company in the capacity of contracted worker or another independent working situation, you might not be able to hold the company in any way liable. In such a case, your claim might begin and end with the driver alone.
You Might Be Able to Take Action Against the Cargo Owner
In some truck accidents, the driver isn't the only person at fault for what happened to you. The cargo on the delivery truck might have had something to do with the accident; for example, it may have been poorly packaged and ended up falling into the road and contributing to the accident. If the truck was carrying hazardous materials, that might also have had something to do with your truck accident, as the cargo owner may not have alerted the driver about special circumstances that needed to be monitored to avoid spills and other problems.
The information above is vital to know if you want to move forward with legal action after having a truck accident. Talk to a truck accident attorney, like those at Kaston & Aberle, about how you may be able to construct a solid case so you can get the compensation you're hoping for.