If you’ve been injured in a truck accident then you’re probably worried about what your future is going to look like. Your injuries might threaten you with long-term pain and suffering, the financial ramifications of lost wages and incurred medical expenses can be daunting. That says nothing for the emotional toll taken on you. While you might be able to alleviate some of these concerns by pursuing a personal injury lawsuit against a negligent driver, the truth of the matter is that a trucker in his individual capacity might not have the resources to compensation appropriately for your harm.
There are many reasons for this. A trucker might not have an income that is big enough to cover your losses, and there may be caps on his or her insurance payout. But when a truck accident has caused your injuries, you might be able to reach into a bigger pool of resources that are better suited to compensate you for your damages. That bigger pool is the trucker’s employer and its insurance.
Vicarious liability
Under the law, an employer can be held accountable for the actions of its employees. There, through a vicarious liability claim, you might be able to recover compensation from a negligent truckers employer, which is much more likely to be able to pay you what you deserve.
Of course, truck companies and their insurers don’t just dole out cash upon request. They’re probably going to try to lowball a settlement offer or fight tooth and nail to avoid paying out at all. This is you need to know how to meet the legal elements of a vicarious liability claim, such as that the negligent driver in question was performing his job duties at the time of the wreck and that the trucker wasn’t taking an unauthorized detour. That might sound easy enough, but these common defense tactics are often aggressively pursued.
Pursing legal action can be stressful and overwhelming, but it’s often necessary to secure the relief you need and deserve. That way you can put your concerns about the future to rest. Law firms like ours help injured truck accidents achieve the outcomes they desire by putting in the work needed to build compelling claims. If you’d like to learn more, research and reach out to a law firm that you think is right for you.