Seeking Damages from a Trucking Company After an Accident
In many ways, the steps you take after a crash involving a large commercial truck is similar to what you would do after any other auto accident. However, there are a few key differences of which you should be aware. Perhaps the most significant is the fact that you will need to spend some time determining from whom you will be seeking compensation.
One of the parties that may be at fault for your accident is a trucking company that employs the truck driver. This is typically the case if the driver is not an independent contractor.
Taking action against a trucking company
You may be able to sue a trucking company because of a legal concept known as “vicarious liability.” Under it, the actions of an employee are in essence the same as those of the employer, as the employee acts as an extension of the company. There are a few exceptions to this. A company cannot, for example, be held liable for any actions the employee takes out of intent or maliciousness. The driver would also be solely responsible if he or she was driving while intoxicated or was otherwise negligent — and that negligence led to the crash.
In most situations, filing a claim against the trucking company gives the plaintiff a much better chance at receiving a larger, more appropriate level of compensation to cover medical bills, lost wages, pain and suffering and other damages.
For more information and guidance on how to pursue a personal injury claim against a truck driver or trucking company, speak with an experienced La Plata personal injury attorney at Mudd, Mudd & Fitzgerald, P.A.