If you or a loved one has been injured in a truck accident, then you know the tragic realities that accompany one of these wrecks. The pain and suffering and the financial losses can be completely overwhelming, leaving the future looking bleak. But there is hope for the road ahead, especially if you take legal action to obtain accountability and recover compensation. But whom, exactly, should you take legal action against?
A trucker in his individual capacity
To start, you’ll want to consider filing a legal claim against the trucker who caused the accident. To succeed, you’ll have to show negligence and causation, meaning that the trucker drove in an errant fashion and that errant driving resulted in the accident and your injuries.
The trucker’s employer
In most instances, the injuries suffered by truck accident victims are so extensive that the trucker who caused them is unable to pay for the full extent of the harm suffered. That’s why you should also think about filing a vicarious liability claim against the trucker’s employer. Vicarious liability is a legal theory that allows you to hold an employer accountable for a negligent employee’s actions.
To succeed on one of these claims, you’ll have to show that the trucker was on the clock and performing his job duties at the time of the accident, and also that the employer was receiving a benefit from the employee’s actions at the time of the crash. If you’re successful in proving those elements, then you’ll have the ability to dip into a larger pool of resources that are much more likely to cover the full extent of your harm.
Be confident in your legal approach
Although truck accident cases seem pretty straightforward on their face, they can be fraught with complexities. That’s why most people who have been injured in one of these wrecks turn to a skilled legal professional for help. By doing so, you can rest assured that your case is in good hands and that you stand a chance of reaching a fair outcome that positions you or your loved one for the bright future you or they deserve.