If you are injured in a car accident, typically, you sue the other driver. Even if the driver didn’t own the car, you would generally attempt to get the other driver’s insurance company to pay for your injuries and damages. When you’re in an accident with a commercial truck, the waters get a little muddier. You might be wondering, “Can I sue the trucking company that employed the driver involved in my truck accident as well as the driver?”
Unfortunately, the answer is more complex than a simple yes or no. It depends on many factors. It is partially for this reason that it is so important to consult with an experienced Delray Beach, Florida truck accident lawyer as soon as you can after you have been involved in an accident.
Who Is Liable When a Truck Accident Occurs?
When you have been injured as a result of a commercial truck accident, you may have many different people/entities who could be held liable for your injuries. Your Delray Beach, FL truck accident lawyer can help you sort out the personal injury claim strategy that would likely work best under your unique circumstances:
- You can sue the truck driver personally.
- You can sue the company who employed the driver, unless the driver is an independent contractor.
- If the accident was caused by improperly loaded cargo, you might be able to sue the shipper or loader.
- You might be able to sue the manufacturer of the truck, if the accident was caused by equipment malfunction.
- You may be able to sue the company that owned the truck, depending on the factors involved in the accident.
Truck drivers who are independent contractors are generally responsible for their own negligence. That means, the company that they are driving for is not generally responsible for the behavior of their drivers. However, liability often depends on the agreement between the driver and company. Some independent contractors are misclassified and are rightly employees of a company, which could provide a loophole to let you sue the company. This area of law is undeniably complex. A Delray Beach, FL truck accident lawyer can provide you with valuable guidance regarding how you may proceed.
Who Can Pay?
When determining who to sue, you want to go after who can pay. It’s just a simple fact of life. It might be the driver’s insurance company. It’s important to look at all the factors of the accident and determine who is liable and who has the ability to provide you with the compensation you deserve.
Work With an Experienced Attorney
If you have recently been involved in a truck accident, please consider connecting with a Delray Beach, FL truck accident lawyer today. The legal team at The Law Offices of Eric H. Luckman, P.A. has extensive experience handling truck accident cases and would be happy to answer any questions you may have at this time. We look forward to speaking with you.