If you happen to get hit by a commercial truck, your lawsuit will continue like a typical car accident claim, but with a few variations. One major difference is that, in a truck accident claim, you along with your truck accident lawyer must spend some time to decide just whom you should sue.
Parties that could be liable
According to Milwaukee, Wisconsin truck accident lawyers, in an average car accident case, you sue the driver who happened to hit you. However, in a truck accident case, you can bring a claim against numerous people and entities. This includes the truck driver and the truck driver’s employer as long as the truck driver remains an employee of any company, and not an independent contractor.
And if he is an independent contractor, you can sue him instead of the employer. An employer is liable for any negligent actions committed by their employees, whenever they are on duty driving a truck, as part of their employment. If the accident was caused by a mechanical problem with a truck, you can sue the truck’s mechanic too.
Suing only the trucking company
As long as a truck driver is employed by any trucking company, your Wisconsin truck accident attorney who can be reached right here might sue the trucking company and not the truck driver. This is because in any lawsuit, you seek compensation for injuries, but not justice.
The trucker as an independent contractor
If the truck driver was an independent contractor, he or she works for themselves. In that case you sue the trucker who happened to be an independent contractor. At this juncture, your truck accident attorney might want to determine the existence of a possibly responsible corporation to bring a lawsuit against as well.
Usually, companies use a type of language in the body of a contract stating that they are not accountable for driver negligence. At the same time, they can also include language that indicates that those companies are liable for their driver’s actions. In such a case, a jury may conclude that that the employers are accountable for their driver’s negligence.
In a car accident case, all you want is to prove that the other car driver flouted all traffic laws as well as regulations. The same applies to commercial truck accidents. To do this, you have the extra advantage of obtaining several of state and federal trucking laws to work with.
Federal trucking laws and regulations regulate every aspect of trucking companies including the duration of hours their drivers operate vehicles at a stretch. If either the police report or your own Milwaukee, Wisconsin truck accident lawyer’s investigation reveals that truck the driver or trucking company did violate any of the federal regulations, it could turn out to be irrefutable evidence in demonstrating the truck driver’s negligence.
In any case, in view of the complex nature of a truck driving accident case, consulting a terrific Milwaukee truck accident lawyer is imperative and totally necessary. Only then, can you sit back and relax knowing your case is in good hands and that your prospects of receiving compensation are much brighter.