The losses suffered in a truck accident can be overwhelmingly severe. As you struggle to find a way to cope with the physical and emotional pain and suffering thrust upon you, you also have to figure out how to deal with the financial realities confronting you. All of this can be devastatingly stressful.
But you can be proactive in protecting your interests, primarily by pursuing a personal injury lawsuit. While this means taking action against the trucker who caused your truck accident, you shouldn’t overlook the importance of suing that trucker’s employer.
Taking legal action against a truck company
Through the legal theory of vicarious liability, you can attempt to hold an employer accountable for the negligent actions of its employee. This can be critical in a truck accident case, where the damages suffered typically far exceed what an individual trucker is able to pay. By pursuing a claim against a truck company, you can increase your chances of recovering the compensation you need to achieve the fullest recovery possible.
Proving a vicarious liability claim
Winning a case against a truck company isn’t as easy as it might sound. While you typically only have to show that the trucker was on the clock and performing his or her job duties at the time of the accident, there are often strong defenses that truck companies rely upon to try to beat vicarious liability allegations.
This includes arguing that the trucker in question was operating outside the scope of his or her employment, such as by driving while distracted or intoxicated, or by taking an unprescribed route, such as when running a personal errand.
Do what you can to protect your interests
Your damages from a truck accident can be significant, perhaps even catastrophic. That’s why it’s imperative that you do what you can to find accountability and recover the compensation that you deserve. This means knowing how to build compelling legal arguments based on statutory and case law, as well as the facts at hand.