If you were involved in a car accident with a semi-truck, who can you file the claim against? Do you file a claim against the driver? Do you file a claim against the company? Many companies have independent contractors who work as drivers. If they drive for a specific company or person, however, you may be able to sue for damages against that entity. What you may not know is that there are different options available.
Are You Entitled to Damages?
When a semi-truck hits you, you may be entitled to punitive and compensatory damages. The compensatory damages are the payments provided for pain and suffering, medical bills and money that you lose when you are not working. The punitive damages, on the other hand, are charges that punish the driver. When it comes to these damages, you would speak to your lawyer about which damages make more sense.
Who Can You Sue?
In a typical car accident, fault and responsibility might be difficult to determine. In a truck accident, it may be even more difficult. In a typical car accident, you tend to sue the other driver. When it comes to semi-trucks, you can sue the driver or you can sue the company that he or she is employed by. If the trucker is not an independent contractor, you can sue an employer. Since the trucker is working on behalf of a corporation, the corporation is liable for the driver’s negligence. This is why both parties might be liable and why you might be able to sue both the company and the driver.
When Should You Sue the Company?
When it comes to receiving compensation for your injuries, you may have more of a chance receiving the money if you file suit against the company. The driver may not have the money to pay damages, whereas the company is more likely to have the funds to write you the check at the end of the case.
While you normally cannot sue a company if a trucker is an independent contractor, there are instances where you can. If the company owns the truck that the trucker drives, then you can always sue the owner of the vehicle. Normally, however, you cannot sue a company for independent contractors.
When you’re injured due to a truck accident, then it’s important that you seek damages. When it comes to filing a lawsuit, you can file it against the company who hired the driver or the driver him or herself. In some instances, you can even file a suit against both. For more information about a truck accident claim, consult with a Central Phoenix, AZ truck accident lawyer, such as from Kamper Estrada, PLLC.