Can I Sue Multiple Parties If I’m In a Commercial Truck Accident?
March 28, 2019 | Truck Accidents
If you are in a commercial truck accident, you could be eligible to sue multiple parties to recover full compensation for your damages. While you can’t recover more than the total amount of damages that were caused in the commercial truck accident from multiple parties, a lawyer can ensure that your case has the best chances possible of recovering the most compensation.
Who Can I Sue If I’m in a Commercial Truck Accident?
Commercial truck accidents aren’t always cut-and-dry regarding who you are eligible to sue for damages. In some accidents, you could be eligible to sue the truck driver’s employer, but in others, you could be eligible to sue the manufacturer of the truck’s defective parts, the cargo manufacturer, the truck loading company, and other third-parties. By hiring a lawyer to represent your case, you are ensuring that someone experienced is by your side offering guidance during this difficult time. Your lawyer has your case’s best interests at heart and will do everything possible to recover the most damages for your case.
What If The Truck Driver That Caused the Accident is an Independent Contractor?
The law of “Respondeat Superior” states, “an employer will be liable for an employee’s negligent actions or omissions that occur during the course and scope of the employee’s employment.” In some commercial truck accident cases, a trucking company might try to argue that a driver is an independent contractor of the company and therefore isn’t an employee, but this isn’t a valid argument. Respondeat superior was revised to include independent contractors. If a driver is operating a commercial truck that has the name of a company on it, a logo, or other information and causes an accident, the trucking company is liable for the truck driver’s negligence.
What Damages Can I Recover If I’m In a Commercial Truck Accident?
When multiple parties are involved in a commercial truck accident, you could be eligible to sue all parties involved to recover full compensation for damages. In some accidents, each party is liable for an equal portion of damages from the accident, while in others, each party is only required to pay for the portion of damages that they caused. Commercial truck accident damages are calculated in a variety of ways, but generally, the insurance company uses a formula to reach a total for medical expenses, property damage, lost wages, and other expenses caused by the crash. Then, this amount is multiplied by a number between 1-5 (depending on the severity of the accident) to get a total that includes compensation for pain and suffering, loss of affection, and other non-monetary damages that stemmed from the accident. Like with anything in life, the process can vary from insurance company to insurance company, but for the most part, this is the process for calculating damages in a commercial truck accident.
Consult a Lawyer About Your Case Today
In 2015, nearly 12 percent of fatal truck accidents in the U.S. involved commercial trucks. Commercial truck accidents can be hard to navigate without adequate legal knowledge, but having an experienced lawyer by your side ensures that your case has the best chances of recovering damages and the process is streamlined for you and your family during this trying time.
If you are unsure whether you should sue multiple parties for your commercial truck accident, or only the at-fault driver, it’s crucial to consult an attorney about your case. Your attorney can assess your case’s strengths and weaknesses and determine if you are eligible to sue multiple parties for damages, or just the at-fault truck driver. If you are ready to discuss your commercial truck accident case, contact the Dixon Injury Firm today. Our attorneys have helped countless commercial truck accident victims, offer FREE consultations, and are available 24/7 to provide advice on whether you should sue multiple parties for your commercial truck accident.