One of the most serious incidents that you can be involved with on the road is being in an accident involving a semi-truck. However, despite the fact that the fault of the truck driver in these cases is almost always evident, filing a claim after such a wreck can be very legally complicated.
Your first and most important step in recovering from a semi-truck accident is deciding how to file your claim and who to file your claim against, which is easier with the right information at your disposal. Learn what to do after being hit by a truck in Midland and find out how your claim will be easier when you have help from a knowledgeable truck accident attorney.
Liability Involving the Company
If you’re looking for the highest possible level of compensation in your semi-truck accident, then you should consider bringing a suit against the trucking company instead of the driver of the semi-truck that struck you. Typically, a trucking company will be responsible for the actions of their employee, so long as those actions were actually related to the job.
When examining the facts of your case, there will be several factors the court will use to decide if the truck driver’s actions were related to their employment and whether the trucking company holds responsibility for your accident. For example, issues such as what the truck driver was hired to do, how much leeway the truck driver has while performing job duties and the time and place of the accident.
When to Bring a Suit Against an Employee or Driver
Another important factor to consider when filing your suit is whether or not the truck driver who struck you is legally classified as an employee of a trucking company or if they are an independent contractor. If the only thing provided by the trucking company was the cargo, and the truck driver owns their own truck, covers their own expenses and has no taxes withheld from their pay by the trucking company, then they are most likely an independent contractor, not an employee.
After you’ve been hit by a truck in Midland that was driven by an independent contractor, you will need to file a suit against the driver, as the trucking company will likely hold no legal responsibility in your case.
Handling Intentional Accidents
A final factor that you need to understand in your truck accident case is that the trucking company is not responsible for any acts their driver commits that are unrelated to the job. If for instance, the truck driver hit you intentionally, the trucking company would not be responsible. An employer is only responsible for their employee’s actions that are directly related to the job.
Hire a Lawyer After You’ve Been Hit by a Semi-Truck in Midland
The best way to recover after being hit by a truck in Midland is to file a claim, which is why you need the help of an experienced, knowledgeable attorney from Braker White.
Our attorneys are ready to do everything possible to win your truck accident case so that you receive your needed compensation. Schedule a consultation today and start fighting for your rights.