The possibility exists to file personal injury lawsuits in multiple ways when truck driving negligence results in injuries to a person. People naturally desire to take legal action against their traffic accident perpetrators but the employer may present better odds for compensation claims. Insurance coverage serves as the critical factor to consider in most such cases. Insurance firms take care of these settlements without needing court intervention. The legal professionals at Nordstrom, Steele, Nicolette and Blythe Law will provide CA residents with truck accident injury claim guidance. Suing the driver Patients have the opportunity to file legal claims against truck operators responsible for creating their accident conditions.

The primary negligent behavior from truckers involves both bad loading practices and dangerous driving under conditions of exhaustion. A lawsuit against a truck driver requires proof that they displayed negligent behaviors. The elements which comprise negligence consist of duty, breach of duty, causation and damages.

  • Duty: An injured person must establish that drivers operating trucks had a responsibility to maintain safety during the time of impact. Because drivers both share roads safely there is almost no question about this requirement.
  • Breach of duty: The lack of any required legal action by you to be responsible like operating your vehicle with proper care counts as negligence. The possibility of a breach exists when truck drivers operate vehicles while intoxicated or drive too fast or travel too near to another vehicle.
  • Causation: A necessary requirement for injury compensation exists when injury suffers directly from negligent acts. The legal requirement to hold truck drivers’ responsible demands proof that their negligent actions caused the accident directly.
  • Damages: The last requirement of negligence encompasses damages. After proving your injuries, you will need to receive financial compensation when your injuries led to identifiable expenses like medical costs and lost earnings.

Suing The Trucking Company

You can take legal action against the trucking company utilizing either of these two options after a crash occurs. The right to sue exists for both the professional truck driver and the trucking company in which they work in most instances. When inadequate maintenance practices at the company lead to faulty equipment that results in accidents you gain the right to sue the organization.

It is also possible to file a lawsuit against the trucking company under a legal theory known as respondent superior. According to this theory, an injury victim could pursue a lawsuit against the employer of a negligent party. Specifically, an injured person could sue the trucking company if they can show the driver was acting within the scope of their employment. This depends on the circumstances. For example, a truck driver who causes an accident while hauling a load would likely be within the scope of their employment. That same truck driver would not be within the scope of their employment if they caused an accident while running personal errands.

Contact Our Team of Professional Truck Accident Lawyers

No matter who you file suit against, the critical factor is the insurance coverage that is involved. Sometimes, the same policies will cover both the driver as well as the trucking company. A liability insurance claim could cover the full amount of your damages even if the driver lacks the assets to settle. If you are ready to pursue a claim, let a CA truck accident attorney resolve your case!

Call us for free consultation (760) 852-7134.