Can You Sue the Driver’s Employer in a Truck Accident?

Atlanta truck accident lawyers meet with clients all the time who were hurt in a tractor-trailer accident. Unfortunately, many of them have been seriously injured as a result of the crash. They retain their attorney’s services because they want the driver to be held accountable. The good news is that your attorney can pursue a claim against more than one party.

Is the Defendant a Commercial Driver?

If the defendant was working for their employer at the time of the accident, you may have a claim against the driver and the company they work for. If, however, the driver just happens to own a truck cab and was on their own time, your claim will have to be filed against the driver and their personal insurance company.

Your Atlanta Truck Accident Lawyer Must Prove the Driver Was on the Clock

Your Atlanta truck accident lawyer is going to have to demonstrate that the defendant was working. Some employees are allowed to keep their company vehicles for personal use. Others do it even though it’s against company policy. This is a defense the company may raise. If they’re successful, you’ll have to sue the driver personally.

The Company May Raise a Viable Defense

You can’t just assume that the truck driver will be held liable for the accident. Yes, they are big machines, and they cause a tremendous impact if they hit your car. However, their attorney is going to argue that you were at fault. If the court agrees, your damages will be reduced by your percentage of fault. That’s because Georgia follows something called the comparative fault rule. For example, if you demanded $500,000 in damages and are found to be 30% at fault, your case will be reduced by $150,000.

What Kind of Damages Can You Expect?

If you’re seriously hurt in your tractor-trailer accident, then you may be entitled to damages. It all depends on how bad your injuries are. It also depends on who was at fault. A lot of people like to assume that the trucker is always at fault, but it doesn’t work that way. Your Atlanta truck accident lawyer still has to prove two things. First, they need to show that the defendant caused the crash. Second, they need to demonstrate that were, in fact, hurt.

Some of the damages you may be entitled to include the following:

  • Medical bills – If you needed extensive medical treatment, you probably racked up several thousand dollars in bills. You shouldn’t be responsible for these. Your attorney can submit proof of these debts so the court can order the insurance company to cover these.
  • Lost wages – If you miss more than a week or two of work, you can demand compensation for lost wages. This includes money for time missed. It also includes any income you may lose in the future. If you can’t do the same kind of work again, you may not earn as much in the future. Your attorney will demand that you be compensated for this.
  • Property Damage – You’ll be lucky if your vehicle survives the crash. Most cars don’t stand a chance against a massive truck. The other driver should have to pay to repair or replace your motor vehicle.
  • Pain and Suffering – Depending on the seriousness of your injuries, you may be entitled to pain and suffering. Your Atlanta truck accident lawyer will have to prove that you suffered. This is sometimes harder than you think.

Call and Talk to a Skilled Atlanta Truck Accident Lawyer

If you’ve been injured in a truck accident, then you’ve probably suffered very serious injuries. Very few people walk away from these crashes unscathed. You could suffer broken bones, burns, or even a brain injury. The person responsible for the crash should be held liable. Your Atlanta truck accident lawyer can make sure this happens.

In order to do that, you’ll have to call and schedule your free, initial consultation. You need to sit down with an attorney who’s handled cases like yours in the past. They know how to deal with insurance companies. They also aren’t intimidated by the larger trucking companies. They know all the angles to get you as much money as possible.

Once you’ve had your injuries tended to, call and set up a date and time that works for you. The consultation is free and you won’t have to pay anything until your case settles.

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