Despite the extensive training most truckers undergo, many are still found liable for causing some of the serious and fatal accidents that occur on North Carolina roadways. Truck drivers, like all other motorists, sometimes make mistakes or engage in distracting behavior while they drive which contributes to the occurrence of a wreck. In the majority of these accidents, it isn’t the trucker who suffers the injuries or is left with damaged property, it is often the other party involved that is.
If you were involved in an accident with a truck driver in Durham, NC, or a trucker crashed into your property (i.e. your home, place of business, etc.), you may be wondering who it is you can sue to recover the compensation you need to repair your property. In an effort to help you answer this question, you must consider the following:
- Was the trucker driving recklessly (i.e. speeding)?
- Did he/she accidentally crash into your car or property as a result of texting or falling asleep at the wheel?
- Was he/she performing tasks that fell within the scope of employment?
- Was the trucker hired as an independent contractor?
- Did the accident occur because one or more parts of the vehicle failed?
- Was the driver violating one or more state or federal regulations at the time of the crash?
While you may be able to answer some of these questions on your own, you typically would need to hire a Durham, NC truck accident lawyer to conduct an investigation before you are able to do so.
So, how do I know who to sue after a truck accident in Durham, NC?
When a truck operator causes a collision that results in property damage, he/she or their employer (i.e. the trucking company) may be the party you can file your suit against. Typically, if the trucker was working as an independent contractor at the time of the crash, then your lawsuit may need to be filed against the driver. However, if it wasn’t only the trucker’s negligent behavior that caused the accident, but also a failed part on the vehicle, then you may have a case against additional parties.
This is why truck crash cases are considered to be more complex than those that involve passenger vehicles and why a victim of a trucking accident should retain a lawyer immediately following the incident.
Although victims are usuallyable to recover a substantial amount from a trucking company’s insurer given the damage warrants it as these companies are required to carry policies with high limits, not always are they able to. This is often the reason that drives a victim to file a civil lawsuit against a trucking company, driver, etc. The fact is, nobody wants to be held liable for an accident that resulted in serious property damage and many will do all that they can to prove they weren’t responsible for the wreck.
So, if you want to be sure you file your lawsuit against the correct party and have enough evidence to prove that they should pay you the full amount you are entitled to, let USAttorneys.com connect with you a Durham, NC truck accident attorney in your area who is ready to assist with your case.