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Suing the Semi-Truck Driver’s Employer for My Accident

by Richard J. Banta | Oct 19, 2019 | Uncategorized

Truck Accident Lawyer

Being involved in an accident with a semi-truck can cause untold damages your vehicle, not to mention your own injuries. The party responsible for the accident should be held fully accountable so you are not left in financial ruin, particularly if your injuries will require extensive treatment or long-term care. If the semi-truck driver was fully responsible, sometimes proving guilt is a difficult and complex process when dealing with a large trucking company.

The insurance adjusters hired by large corporations are trained to do everything they can to minimize your damages and injuries, so they can get away with paying out less. An experienced truck accident lawyer can help with these situations and inform you on what you need to do to better ensure you receive the compensation you rightfully deserve.

Proving Fault

The first thing a lawyer will do is determine who is at fault for the accident and find evidence to prove it. If the truck driver showed negligence while driving, there are some cases where you can sue the company that employs them. For example, an employer pushed their employee to drive longer than the legal limits set by the Federal Motor Carrier Safety Administration, causing the driver to be tired which resulted in the crash. Or if the truck is not kept in the best driving condition, this can also cause an accident.

Be aware that not all truck drivers work directly for a company, and many are becoming independent contractors. A trucking company that is using the services of an independent contractor cannot generally be held liable for the driver’s mistakes. If a trucking company suspects that you might attempt to sue them, they may try to place all the blame on their driver and claim that they are an independent contractor.

To quickly determine whether the driver is an employee, find out if the company they’re working for withholds taxes from their paycheck or provides employee benefits to them. If the driver pays for their own truck repairs and takes jobs from other customers, they are likely not an employee.

Another factor to consider, is if the driver happened to be on a break and was running a personal errand while using the company vehicle, their employer could argue that it was not work-related and thus only the driver’s fault.

Collecting Fair Compensation

Trucking accidents are often complicated, especially when determining who was really at fault and who should pay for your damages and injuries. It is recommended that you consult with an experienced Canoga Park truck accident attorney to improve your chances of obtaining a fair outcome. The responsible party should be held responsible for their actions, especially if there was negligent driving on the part of the truck driver that should be avoided in the future.

 

 

Thanks to Barry P. Goldberg for their insight into personal injury claims and suing the driving of a truck accident.