It only takes a split second for things to go sideways out on the roadway, leaving you susceptible to a serious accident. And if your wreck involves a semi-truck, the damage is sure to be extensive.
Because semitrailers are so much larger and heavier than other vehicles, if you have been in an accident with one, you likely suffered extensive physical, emotional and financial injuries.
As you try to find a way to cope with your losses, you may be thinking that the future in front of you is dark and unmanageable. But don’t lose hope.
By pursuing a personal injury lawsuit, you might be able to find accountability and secure the financial resources that you need to further your recovery.
Who can you sue?
As you pursue your personal injury claim, you might be wondering who you should try to hold liable for your injuries.
To start, you’ll want to make a claim against the trucker who caused your accident. Here, you’ll probably argue that they were distracted, fatigued or intoxicated, and that their negligent driving actions led to the wreck and thus your injuries.
But you can’t stop your legal action there. After all, most truckers are going to lack the resources necessary to pay your damages. That’s why you’ll also want to consider if you can take action against the trucker’s employer. Under a legal theory known as vicarious liability, you can hold an employer responsible for its employee’s actions.
A closer look at vicarious liability
Given the stakes involved, vicarious liability claims are often hotly contested. That’s why as you prepare your case, you’ll want to ensure that you can demonstrate each of the following:
- The trucker was on the clock and being paid by the truck company at the time of the accident.
- The trucker was performing their job duties when the wreck occurred.
- The employer was benefiting from the trucker’s actions leading up to the crash.
These might seem like simple enough elements to prove, but the truth of the matter is that truck companies often aggressively fight back by leveraging a number of defenses that may be available to them. We’ve discussed these defenses on a previous blog post, which we encourage you to read if you’re thinking about taking legal action.
Gathering the evidence that you need
If you want to maximize your chances of succeeding on your personal injury claim, you need to make sure that you have strong evidence to support your arguments. This may include:
- Trucking logs
- Maintenance records
- Witness statements
- Expert opinions
- Medical records
- Employment records
There may be other places for you to turn to gather the evidence that you need. What’s important to remember is that you want to be as thorough as possible here, ensuring that you’re adequately addressing every aspect of your case.
Are you ready to fight for what you deserve?
There’s a good chance that you’ll face some legal challenges as you navigate your personal injury claim. The defenses levied against you may be aggressive and persuasive, threatening to derail what you may have thought was a foolproof case.
That’s why you need to be prepared to zealously fight for the outcome that you deserve. While this means gathering key evidence, it also means knowing the rules of evidence, the trial rules, and applicable statutory and case law. If you think that you could benefit from assistance in that regard, now may be the time for you to reach out to a legal team for the guidance and advocacy that you deserve.
