Holmes & Wiseley, P.C.

Jul 28, 2020

On Behalf of Holmes & Wiseley, P.C.

Truck accidents often leave devastation in their wake. In most cases, this includes serious physical harm to innocent motorists who are involved. If you’re one of those victims, then you’re probably struggling to find a path forward. Medical bills are likely piling up quickly during a time when you are unable to work, and coping with your physical pain and suffering can be tough. But if a trucker was clearly negligent then you should be able to recoup compensation from him or her to settle your losses, right?

Truckers often don’t have the resources necessary to make you whole

Truck accident injuries are often catastrophic in nature, meaning that you might be faced with damages that exceed hundreds of thousands or even millions of dollars. A trucker who has a modest income isn’t going to be able to pay off those damages, even if he or she is ordered to do so. So where does that leave you? It leaves you looking for other pools of resources to reach into.

Suing a truck company is probably your best bet

A legal principle known as vicarious liability allows you to try to hold an employer liable for the actions of its employee. If successful, then you can obtain a judgment that is much more likely to be paid off, especially once that truck company’s insurance company comes into the picture. Before you can win one of these cases, though, you’ll need to present evidence that satisfies certain legal requirements, such as that the trucker was actually performing job duties at the time of the accident and that he or she wasn’t deviating from his or her employer-mandated route.

Know how to stand up to truck companies

Adept legal teams that know how to develop creative strategies in an attempt to shift the blame often represent truck companies. They also know how to skillfully negotiate in hopes of escaping the full extent of their liability. Therefore, you need to know how to adequately go up against these companies. Sitting down with your own attorney is a great first step, but we encourage you to fully vet your options to ensure that you are picking representation that knows how to fight for you and has a track record of success.