Can I Sue a Truck Driver’s Company for Truck Crash Injuries?
Accidents involving commercial trucks often produce severe injuries and damages. If you’re the victim of such an accident, an insurance claim may not fully cover all of your expenses. It also won’t make up for the pain and emotional distress you’ve experienced.
You may be able to sue the truck driver’s company for additional damages beyond an insurance claim. A truck accident attorney can advise you about whether a lawsuit makes sense for your case and then guide you through the legal process.
Who Is Liable: The Truck Driver or The Truck Company?
Determining the liable party in a truck accident is the first step in seeking compensation, whether you’re filing an insurance claim or a lawsuit. Is the truck driver responsible for the accident, or is their company technically liable?
In many cases, truck companies are only liable for their drivers’ actions through a concept known as vicarious liability. The company may assume the financial liability for your accident due to this concept.
But in some cases, truck companies are directly liable for accidents, such as if:
- The truck company forced the driver to work unsafe hours
- The truck company failed to properly train the driver
- The truck company neglected to perform essential maintenance on the truck
If any of these scenarios led to the accident, the truck company may be directly liable. A truck accident lawyer can help you discern the appropriate options to seek compensation in your accident case.
Should You File an Insurance Claim or Lawsuit?
You may be able to sue the truck company for financial damages, but that doesn’t always mean that you should. Not all lawsuits are successful, and if you do not have the proper grounds to bring about a civil case, you may waste your time.
Typically, the first way to seek compensation after a truck accident is through an insurance claim. Your truck crash attorney can help you file a claim with the truck company’s insurance provider. Often, these companies have high insurance coverage limits, and there’s a chance that an insurance claim could cover all your expenses.
However, filing a lawsuit may become necessary if any of the following are true:
- The insurance company denies your claim.
- The insurance company does not provide a high enough offer to cover all your expenses.
- Your expenses exceed the policy coverage limit.
- You want to sue for non-economic damages, such as pain and suffering or emotional distress.
- The driver was acting recklessly at the time of the accident, and you want to sue for punitive damages.
What Expenses Can You Seek in a Lawsuit?
One advantage of taking legal action against the trucking company is the opportunity to increase your compensation. With the help of an attorney for truck collisions, you can sue for all of the following damages:
- Medical bills
- Property damage
- Time off work
- Loss of ability to work
- Pain and suffering
- Emotional distress
- Loss of quality of life
Seek Legal Help for Truck Accidents in Florida
At Leaser Law Firm, we help truck accident victims in the greater Plantation, FL, area seek compensation. Whether you’re looking to sue the truck driver’s company or need help navigating the insurance process, let us be your legal representation for truck collisions.