Figuring out who you can sue after engaging in an accident with a truck in Middletown, NY isn’t an easy thing to do. On one hand, you may have a viable case against the trucker and on the other, it may be their employer you want to go after. So, who do you file your lawsuit against?
While this question is definitely one that should be answered by a truck accident lawyer in Middletown, NY who has a great deal of experience with handling these types of cases, we do have some information for you that might help determine which party should be named in your lawsuit.
How do I know if I have a case against the truck driver?
Most trucking companies that hire workers to operate their fleet of vehicles do so as employees. However, if a company hires a truck driver as an independent contractor, then you likely would file your claim against the trucker, not the employer they were performing tasks for. To help you understand what an independent contractor is, here is how the New York Department of Labor defines one: “An independent contractor is someone who is free from supervision, direction, and control in the performance of their duties.” Independent contractors “are in business for themselves, offering their services to the general public.”
Sometimes, after an independent contractor who has caused an accident finds out that a lawsuit has been brought into the mix, they may claim that they are an employee of the company they were operating the truck for, not an independent contractor. This would, in turn, require you to sue the trucking company and not the driver. However, when such confusion arises, it is best that you retain a NY truck accident lawyer in Middletown if you haven’t done so already.
When would I have a case against the trucking company?
If the truck driver who hit you was performing duties that fell within the scope of employment and they aren’t classified as an independent contractor, then you likely can file your claim (i.e. lawsuit) against the company. For example, let’s say the truck driver was out making deliveries and while in the process,rear-ended your vehicle. It was later determined that the trucker was had been following too closely which resulted in the collision.
When you have a case such as the one described above, you may be able to sue the company, although it could claim the driver should be held liable for his/her reckless actions, and not the company.
Truck accident cases are much more complex than those involving passenger vehicles.
Cases stemming from large truck crashes are often complicated and confusing. You might have one party refuting the claims you have made against them and another saying they aren’t liable for the accident. Because most truck accident victims suffer serious or catastrophic injuries which usually results in them needing a substantial amount of money to cover their losses, you need to be sure you are represented by a skilled truck accident attorney in Middletown, NY who is capable of handling your case and getting you the compensation you deserve.
If you live in the Middletown, NY area or you were involved in an accident here, the truck accident lawyers at Alex Smith, ESQ. are available to help you. Not only can they answer any questions you might have, but also assist you with initiating a case that would bring you one step closer to obtaining the money you need to cover the unexpected expenses you have incurred as a result of the accident.
Alex Smith, ESQ. is located at:
6 North Street
Middletown, New York, 10940