Who Do You Sue In A Truck Accident?

Have you or a loved one been injured in an accident involving a commercial truck? These types of accidents are different than the typical car accident. For one, injuries from truck accidents tend to be more severe than car accidents. According to Accident-Law.FreeAdvice.com, the typical car only weighs around 3,000 pounds, while a fully loaded commercial truck can weigh 80,000 pounds or more. This sets up a situation where serious injuries for the people in the car are likely.

Further, some truck drivers are independent contractors, some work for companies, and some truck accidents occur due to circumstances that are no one's fault. They happen because of the unique dangers of driving a truck. So, if you or a loved one were injured in a truck accident, it can be difficult to know who to sue, or even if you can sue. Here's what you need to know about suing for truck accident injuries before you call a truck accident attorney.

1. What to Do if the Truck Driver Is an Independent Contractor

If the truck driver is an independent contractor, you probably won't be able to sue the truck driving company. The only exceptions are if the company had a large degree of supervision over the truck driver, or if you can prove they were negligent in hiring someone who is an irresponsible or unskilled driver.

Normally, you will be suing the truck driver directly if they are an independent contractor. While their insurance may cover some of your injuries, it may not cover all of them if the injuries are really severe. Once the insurance's responsibility of coverage runs dry, you'll have to go after the truck driver's individual money.

Many truck drivers don't have the kind of money to pay on a lawsuit like this. You have to decide if it is worth pursuing the case, knowing you won't get money to cover all of your medical and personal financial needs following the accident. Your truck accident attorney can help you decide whether to sue the truck driver.

2. What to Do If the Truck Driver Is an Employee of a Trucking Company

In this case, you definitely want to sue the truck driving company. You can argue the company was negligent in training the driver, negligent in hiring a driver with a bad driving record, or any number of other things that place the responsibility for the accident squarely on the company's shoulders.

A truck driving company will also have better insurance than an individual truck driver. These companies are prepared to address lawsuits like yours by having extensive insurance coverage to be able to pay you without going broke. You are much more likely to get a good and fair settlement from suing the truck driving company.

3. What to Do If You Were Injured By the Goods the Truck Was Transporting

Sometimes, it's not the collision with the truck that causes the injury, but the goods it was transporting. This is particularly true if the truck was hauling hazardous material. In these accidents, you can often sue the company that owns the goods. A typical argument is that the company failed to let the driver know the potential dangers of the hazardous material they wee carrying.

Conclusion

Truck accidents are serious matters in most cases, and you deserve compensation if you were injured. Certain circumstances, like unavoidable accidents due to road or weather conditions, or maneuvering a truck to avoid a worse accident, may mean you can't sue. Most of the time, though, there will be at least one person or company you can sue, and sometimes more than one. Contact a truck accident attorney today to learn more and discuss your case and find out the best person or entity to single out in your lawsuit.