Can you sue a company if one of their trucks hits you? The short answer is yes. However, if you are filing a lawsuit against a trucking company, you may need to talk to an experienced personal injury lawyer.
If you’ve recently experienced a truck accident involving a company’s vehicle, the road to recovery may seem daunting. However, an experienced Tallahassee truck accident attorney can help you understand the steps to take to sue a company to seek the compensation you deserve for the physical, emotional, and financial toll of the accident.
Steps in Filing a Lawsuit Against a Company for a Truck Accident
Navigating the legal terrain after a truck accident involving a major corporation may seem like a formidable task. However, taking decisive steps can set you on the path to seeking justice and fair compensation. Here are the initial actions to consider when contemplating a lawsuit against a big corporation:
- Seek Immediate Medical Attention: Ensure you receive prompt medical care for any injuries sustained in the accident. Besides prioritizing your well-being, timely medical documentation will serve as crucial evidence in your case.
- Preserve Evidence: Collect and preserve as much evidence as possible. That includes photographs of the accident scene, damages to all vehicles involved, and any visible injuries. If there were witnesses, obtain their contact information. The more evidence you can gather, the stronger your case becomes.
- Do Not Discuss the Case: Avoid discussing the details of the accident on social media or with representatives of the corporation or their insurance company. Let your attorney handle communications related to the case.
Taking the first steps toward filing a lawsuit against a big corporation for a truck accident may feel overwhelming. Still, with the right legal support, you can navigate this process effectively.
Prioritize your health, preserve evidence, and consult with a knowledgeable Florida personal injury lawyer to build a strong case and pursue the compensation you rightfully deserve.
Identifying Responsible Parties After a Truck Accident: Who Can You Sue?
When you’re grappling with the aftermath of a truck accident involving a corporation’s vehicle, determining which parties to hold accountable is a crucial step in seeking compensation.
Understanding the potential defendants in your case is essential for building a comprehensive legal strategy. Let’s explore the key parties you may consider suing after a truck accident:
Trucking Company
The primary entity often held responsible is the trucking company itself. If the driver was acting within the scope of employment, the corporation may be vicariously liable for the driver’s actions.
Truck Driver
Individual drivers can also be named as defendants, especially if their negligence, recklessness, or violation of traffic laws directly contributed to the accident. In some cases, a corporation might hire third-party contractors for maintenance, loading, or other services related to the truck.
If negligence on the part of these contractors contributed to the accident, they could be held liable.
Manufacturers or Distributors
If the accident was caused by a defect in the truck or its components, the manufacturers or distributors of those faulty parts may be held responsible for the resulting damages.
Government Entities
In instances where poor road conditions or inadequate signage played a role in the accident, you might have a claim against government entities responsible for road maintenance, such as the Federal Highway Administration.
Other Motorists
If another motorist on the road caused the crash, that driver could be named as a defendant in your lawsuit.
Understanding Vicarious Liability: a Key Factor in Your Truck Accident Claim
Suppose you’ve been involved in a motorcycle accident or a car accident with a corporation’s truck. In that case, understanding the concept of vicarious liability is crucial to unraveling the complexities of your claim. Vicarious liability holds a company responsible for the actions of its employees, especially when those actions occur within the scope of employment.
How Vicarious Liability Affects Your Claim
When pursuing a claim against a big corporation, vicarious liability can significantly impact the outcome. Here’s how:
- Deep Corporate Pockets: Corporations usually have substantial financial resources. If vicarious liability applies, you may have the opportunity to seek compensation from the corporation, which typically has more extensive insurance coverage than an individual driver.
- Establishing Employer Responsibility: Vicarious liability allows you to hold the corporation accountable for the actions of its employees. That is particularly important if the truck driver’s negligence or recklessness contributed to the accident.
- Scope of Employment Matters: For vicarious liability to apply, the actions leading to the accident must fall within the scope of employment. If the driver was conducting company business, such as making deliveries or transporting goods, the corporation is more likely to be held liable.
To establish vicarious liability in your claim, your attorney will work to demonstrate that:
- The driver was an employee of the corporation.
- The driver was acting within the scope of their employment when the accident occurred.
Corporations may attempt to distance themselves from liability by arguing that the driver was not on the job at the time of the accident. Your attorney can counter these challenges by presenting evidence, such as work schedules, delivery logs, or witness testimonies, to support your claim.
Potential Compensation After a Truck Accident With a Big Corporation
Seeking compensation from the responsible parties, especially the trucking company, becomes crucial after a trucking accident. Here’s an overview of the potential compensation you could receive:
- Medical expenses
- Property damage
- Lost wages
- Pain and suffering
- Wrongful death damages
Your legal team’s goal is to secure fair and just compensation that adequately reflects the physical, emotional, and financial impact of the accident. By carefully evaluating each category of damages, your attorney will strive to ensure you receive the maximum compensation available under the law.
Remember, every case is unique, and the specific compensation you may be eligible for depends on the circumstances of your accident. Consulting with an experienced attorney will provide you with tailored guidance based on the details of your situation.
Is There a Time Limit to Sue for a Truck Accident?
In the aftermath of a traumatic truck accident involving a corporate vehicle, it’s crucial to be aware that there is a time limit within which you can file a lawsuit. This time constraint varies by jurisdiction and can significantly impact your ability to seek compensation.
The statute of limitations is not uniform and can vary by state. It is essential to understand the specific time limit applicable to your case based on the location where the accident occurred. For instance, the Florida statute of limitations is two years.
Exceptions and Tolling
Some circumstances may warrant exceptions to the standard statute of limitations. For instance, if the injuries resulting from the accident were not immediately apparent, the “discovery rule” might come into play, allowing the clock to start when the injuries were or should have been discovered.
If the truck involved in the accident is owned or operated by a government entity, there might be additional considerations and shorter timeframes for initiating legal action.
Talk to an Experienced Truck Accident Lawyer Today
If you’ve been a victim of a truck accident involving a company vehicle, seeking the guidance of an experienced truck accident lawyer is crucial. These professionals can navigate the complexities of your case, advocate for your rights, and help you pursue fair compensation for your losses.
Our attorneys at Fasig | Brooks work on a contingency basis. That means if you don’t get compensation, you do not have to pay our lawyer. Contact us today for a free consultation, where we can assess your case and help you pursue the compensation you deserve.
