Press Release (ePRNews.com) - Northridge, CA - Feb 22, 2018 - This article will discuss filing a personal injury claim for an accident involving a commercial truck and suing the truck company.
If you have been injured as a result of an accident caused by someone else’s negligence you may be eligible for compensation by way of a personal injury claim. In the event whereby the accident that resulted in your injuries involves a commercial truck there are a number of aspects you need to take into consideration when filing your personal injury claim. This article will discuss filing a personal injury claim for an accident involving a commercial truck and suing the truck company.
It is important to note that if you get hit by a commercial truck your claim and lawsuit will proceed in the similar fashion as that of a car accident claim, however, there are some notable differences. One of the more important differences is that you and your lawyer will spend time deciding exactly who you are going to sue.
A King Law Firm attorney stated that, “in a normal car accident there is usually only one person to sue and that is the driver who hit you, however, in cases that involve a commercial truck there are a number of people and entities that you might be able to sue for your injuries.” It must be noted that in addition to suing the truck driver, if the trucker was a direct employee of a company and not an independent contractor you would also be able to sue the trucker’s employer. Employers are always liable for the negligent actions of their employees if these employees were acting in the course of their employment. However, it is important to determine the identities of all the people involved with the truck. This is because commercial trucking involves a complicated situation where one person owns the truck, another person hires the truck, and another person leases the truck to a person or company. Already there are four defendants in this scenario, therefore, depending on the circumstances and the contracts that exist between the people and companies involved it is likely that a plaintiff could end up suing the trucks owner, lessor and even the company whose goods were being shipped in the truck.
Another important element to take into consideration is how the accident happened. If for example, it appears that the accident was caused as a result of a mechanical problem with the truck the plaintiff has the opportunity to sue the truck’s owner as well as the truck’s mechanic.
In the event that the truck driver was employed by a trucking company your lawyer may choose to sue the trucking company and not the driver. This is mainly because “the basic objective of a personal injury claim is to gain compensation for your injuries and the truck driver most likely does not have the money to compensate you for your injuries. However, by suing the trucking company the plaintiff has a much better chance of getting compensation for their injuries.”
The attorney stated that “if the trucker was an independent contractor this basically means that they do not have a formal employer. In such a case the plaintiff would sue the trucker. However, any good lawyer would want to establish if there is some potentially responsible corporation other than the trucker to sue as well such as the truck’s owner or lessor.”
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About the company:
The King Law Firm is a law firm of renowned professionals who specialize in personal injury matters. For an expert personal injury car accident in Sylmar lawyer or to hire Woodland Hills car accident lawyer contact the King Law Firm today. Source : The King Law Firm