There are certainly a lot of reasons to be nervous when driving near a semi-truck. These massive rigs oftentimes roar down the highway at excessive speeds, and their weight can make it difficult to come to a safe stop in a reasonable amount of distance. This means that these vehicles often cause devastation when involved in an accident, oftentimes leaving victims with catastrophic injuries. Physically recovering from these injuries can be challenging enough, but making matters worse is the fact that these truck accidents can be financially ruinous for victims. Fortunately, if you’ve been hurt in one of these accidents then you might have options at your disposal to ease your damages.
Who should you sue?
The first and perhaps most obvious answer is the trucker who caused the accident if his or her negligence is to blame. But a trucker might not be able to fully compensate you for your damages, even if ordered by a court to do so. So where does that leave you? It leaves you looking for accountability elsewhere. Fortunately, you might be able to find it through a vicarious liability claim, which allows you to try to hold a truck company liable for the negligent actions of its employee. If you’re successful here, then you can access the resources possessed by a truck company and its insurer, which are much more likely to pay you what you need and deserve.
Proving your case
A successful vicarious liability lawsuit requires showing a number of things. For example, you’ll have to show that the negligent employee who caused the accident and thereby your injuries was on the clock working for the employer at the time that the wreck occurred. Also, you’ll need to demonstrate that the employee was performing job duties for the employer when the accident took place. In a lot of these cases, employers argue that although the employer was on the clock at the time of the crash, he was engaging in some sort of frolic or detour that circumvented his job duties when the accident occurred.
Use the evidence to your advantage
As you can see, these matters can be quite contentious with each side making compelling legal arguments. That’s why you have to know how to use the evidence to your advantage. An attorney who is well versed in this area of the law can help you analyze your situation, gather the evidence you need, and zealously advocate for your position at the negotiating table and in court. Hopefully then you can obtain the result that you need in order to turn the page on this difficult chapter if your life.