If you’re reading this blog post, you know that a truck accident can leave devastation in its wake. Trying to figure out how to cope with the physical and emotional pain and suffering can be difficult, perhaps impacting you for years or even decades to come. In the worst cases, your physical and psychological injuries will last a lifetime.
As if that’s not enough, the financial implications of your wreck can be overwhelming, leaving you without the resources that you need to further your recovery and cover your basic needs. This is why it’s probably in your best interests to figure out how to strongly pursue a personal injury lawsuit.
Suing a truck company after your wreck
While you can certainly file a claim against the trucker who caused your wreck, your best bet for recovering the compensation that you need to offset your damages is to pursue a claim against the truck company who employs the trucker. These companies have deeper pockets, which you might need to reach into to fully cover your damages.
But how do you argue that one of these companies is responsible for your wreck? A legal theory known as respondeat superior applies here, where an employer can be held accountable for a negligent employee’s actions. However, you’ll have to prove certain elements in your case to be successful with one of these claims, including that the trucker was on the clock and performing specified job duties in the moments leading up to the wreck.
Evidence to support a respondeat superior claim
If you want to pursue one of these claims, you need to know how to gather evidence to support your case. Here are some places to look:
- Trucking logs: One place to look for liability is in trucking logs. Truckers are subject to certain hours of service regulations, but they often violate those when they’re pushed by their employers to meet tight timelines. These logs can give a clear indication of whether those hours-of-service regulations were violated.
- Maintenance records: Both truckers and their employers are required to conduct routine inspections on these rigs to ensure that they’re safe to take out on the road. When these inspections aren’t conducted or when sufficient repairs are foregone, a dangerous truck can lead to a serious accident that leaves you injured.
- The trucker’s testimony: The truck company might try to sidestep liability by pushing the blame back on the trucker who caused the accident. The company might argue that the trucker strayed from their route, or that the trucker was distracted, fatigued or intoxicated at the time of the wreck. The trucker, though, may not take kindly to being accused of wrongdoing. So, they may actually help you present your case against the truck company.
Do you need a legal ally on your side?
There are other places to look for evidence to support your claim. You just have to know where to look and how to obtain the information that you need. If you think that you need some assistance in doing that, you might want to consider seeking out assistance from a legal professional.
A team that is experienced in handling personal injury claims can help you identify and secure the evidence that you need to support your position. Hopefully then you can find accountability and recover the compensation that you need to spur your recovery forward, all while you have the financial stability that you deserve.