Is It Ever Advisable To Sue The Truck Driver Individually?
If you are injured in a crash, sue both the company and the driver. A lot of times, the company tries to take the position that the driver is an independent contractor, for which they don’t have responsibility. There are federal laws which will often make a driver what’s called a statutory employee. That doesn’t allow the company to avoid their responsibility for their driver who is driving on their behalf. There are very specific rules that are applied to determine whether the driver was, in fact, an employee or statutory employee, or whether he truly an independent contract driver. Those are all fact-dependent in each case.
What Are The Biggest Challenges Someone Faces In An 18-Wheeler Crash Or Wreck?
These are professional drivers with trucking companies and corporations that are going to be most concerned with not being found at fault. You’ll often see trucking companies send risk managers out to the scene of a crash, immediately, to try to alter evidence or falsify documents or witnesses. These companies, for the most part, cannot be trusted to conduct an honest investigation of what happened and they are not going to be concerned about the welfare of the person who got hurt. They are only going to be concerned about how this crash will ultimately affect their bottom line.
What Damages Can Someone Who Is Involved In A Commercial Vehicle Wreck Hope To Receive?
The value of a case is directly based on the severity of the injuries. It very much depends on what the severities of your injury are, the amount of your medical bills, whether you have fully recovered from your injuries or you reach maximum medical improvement without a full recovery, what medical care you will need in the future, and whether it’s a gross negligence case that would entitle you to punitive damages from the trucking company. These are all factors that have to be considered in determining the value of the case.
Do Trucking Companies Have Insurance Policies Beyond The Mandatory Coverage?
Many trucking companies have insurance policies beyond the mandatory coverage.
If The Insurance Company makes An Offer, Do I Have To Take It?
Ultimately, it’s our clients who decide whether they think an offer is in their best interests. Of course, our job, as an attorney, is to advise them based on our experience whether we think that the settlement offer is a fair offer or not. However, a jury can always award less money, more money, or no money and it’s the client’s ultimate decision whether they want to take that gamble with the jury or take an offer.
Why Do I Need An Experienced Attorney To Handle A Commercial Vehicle Crash Case?
There are so many laws, rules and regulations that apply to trucking companies, which the average citizen would have no idea about. The Federal Motor Carrier Safety Act, which has been adopted in the state of Texas, specifically governs the conduct of tractor trailer companies and their drivers, and these companies are on the defense from minute one. They are professional companies; they are out there trying to secure evidence, falsify evidence, and defend themselves from liability. Ultimately, their goal is to pay as little as possible or nothing at all to the truck crash victim. An attorney, especially a board-certified attorney, has the experience, the knowledge, and the skill to protect a client’s rights and maximize their recovery.
For more information on Individually Suing A Truck Driver In Texas, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (888) 880-4300 today.