If you’re reading this blog post, you probably understand the devastation that a truck accident can cause. Sure, your vehicle is probably totaled, but that pales in comparison to the physical, emotional and financial harm that you have experienced. It may take years to recover from your injuries, if you’re able to recover from them at all, and you’ll always have to live with your memories of the accident. Your physical limitations can make it challenging to live your normal life, and you might be rendered unable to do the things that you once loved.
To offset your losses and find some accountability, you might be thinking about pursuing a personal injury lawsuit. One of these claims could lead to the recovery of compensation if you can demonstrate that the trucker who caused the wreck was acting negligently at the time, but they may not always have the financial resources necessary to pay you what you’re owed.
Can you sue a truck company?
In most instances, yes. This is thanks to a legal theory known as respondeat superior. Under this theory, an employer can be held accountable for the actions of its employee if certain characteristics exist. Chief among them is that the employee, in this case the trucker, was performing assigned job duties at the time and the employer was receiving financial benefit from those actions when the wreck occurred.
If you’re successful in proving a vicarious liability claim against a truck company, you can gain access to a much larger pool of resources, thereby allowing you to cover your damages much more easily.
Beware of truck company defenses
With that said, if you do pursue a claim against a truck company, you need to be prepared to counter aggressive defenses. Here are some of the strategies that one of those companies might raise in your case:
- Arguing that you were contributorily negligent and, therefore, should have a reduced recovery amount.
- Claiming that they can’t be held liable because they were not benefitting from the trucker’s actions at the time of the accident, such as when the trucker was running a personal errand.
- Shifting the blame onto a third party who is less likely to be able to pay for your damages.
- Arguing that your injuries aren’t as severe as you claim them to be.
- Claiming that the accident was simply unavoidable due to road or weather conditions, and that no one should be found to be at fault.
These are just some of the arguments that you may face as you pursue your claim. But you might be able to effectively counter them if you are able to gather the evidence that you need. This might include obtaining trucking logs, seeking out an accident reconstruction, and talking to medical experts who can attest to the severity of your injuries.
An attorney can help you build your case
An attorney can help you not only analyze the facts of your case and your likelihood of success but also assist you in gathering the evidence that you need to support your case and craft persuasive legal arguments. With a strong legal ally on your side, you might stand a better chance of winning your case and thereby recovering the compensation that you need to secure financial stability and pay your medical bills while you focus on your recovery.
If you’re interested in learning more about what a strong advocate can do for you and what the legal process looks like, please consider reaching out to a legal team that you feel comfortable with.