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February 19, 2018

Who Do I Sue When I Get Hit By a Truck: The Company or the Driver?

who-do-i-sue-when-i-get-hit-by-a-truck-the-trucking-company-or-the-driver-green-law-firmBeing involved in an accident of any kind is incredibly stressful, especially if you were hit by a semi-truck. More often than not, accidents involving 18-wheelers and large trucks result in serious, life-changing injuries or even death. This is due to the sheer size and volume of these trucks. If you’ve sustained injuries following an accident with a semi-truck, you may be wondering who is liable – the truck driver or the company. Unfortunately, the answer is rather complicated. In a normal car accident, things are a little more cut and dry. You typically sue the driver of the car who hit you, or in some states, you may have to sue the owner of the car.

When it comes to an accident involving a commercial truck, it is important you hire an experienced truck accident attorney. Because these situations are so complex, having a knowledgeable attorney by your side can make all the difference in the world. In most cases, you will have several different options for people or entities you can sue following an accident with a large truck. If the truck driver is directly employed by a company, you will likely sue his or her company. However, if the truck driver is an independent contractor, you would sue the trucker.

Suing the Truck Company

First and foremost, it is important you understand all the various parties involved following a truck accident. Every situation is different, and in order for you to move forward with a claim, you must know who you are dealing with. If the driver who caused your accident is indeed employed by a truck company, in all likelihood you will sue that company. While the driver is the one who acted negligently, he is protected by the truck company for any injuries or damage from an accident so if you want to receive monetary compensation, you will need to sue the employer. 

Suing the Driver as an Independent Contractor

It is quite common for truck drivers to work as independent contractors, which allows them to work for various companies and have a more flexible schedule. If the accident was caused by an independent contractor working for a truck company, you would sue the trucker. However, it is important for you to look at a few other key aspects. For example, does the contractor own the truck, or are they merely driving a truck owned by someone else? If this is the case, you may also be able to go after the owner of the truck driver. This is where things get a bit more complicated, so if this is the case, be sure and bring it up with your attorney. Independent contractors typically have a contract with the company they are driving for that includes a clause stating the company is not responsible for the negligence of the contractor. In some instances, there may be a loophole in the contract that will allow you to go after the company.

If you’ve been involved in an accident with a large truck, please contact Green Law Firm today. Our Brownsville truck accident attorneys have handled countless cases just like this and are prepared to do the same for you today.

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