Who Can You Sue After a Truck Accident?
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 in my truck accident?”
Unfortunately, the answer is more complex than a simple yes or no, as a truck accident lawyer in Brookhaven, GA from Butler Kahn can explain. It depends on many factors.
Who is Responsible?
In a commercial truck accident, you have many different people who could be held liable for your injuries. Here are some examples:
- 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. As a truck accident lawyer in Brookhaven, GA can explain, that means, the company that they are driving for is not responsible. However, it depends on the agreement between the driver and company. Some independent contractors are misclassified and are rightly employees of a company, which could be a loophole to let you sue the company.
What Caused the Accident?
A truck accident can be quite complex. It might be caused by human or mechanical error. There may be a problem with the roadway. When you’re injured in an accident caused by a truck, there’s often no question that you deserve compensation. The real question is who will pay for damages. The entities involved may even argue between themselves over who is responsible.
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, which is not an easy job for someone not versed in the law.
Work With an Experienced Truck Accident Lawyer in Brookhaven, GA
Contact a truck accident lawyer in Brookhaven, GA to evaluate your case. Commercial truck accidents are much more complex and serious than most car accidents. Let your truck accident lawyer in Brookhaven, GA from Butler Kahn work for the best possible outcome for you.