When a truck driver kills or injures another person, should you sue the driver or the truck company? The most common answer is “both.” However, every case involving a truck accident crash is different, so it’s important not to make any assumptions about your situation before speaking with a personal injury law firm Scottsdale, AZ residents trust. If you’ve been injured or lost a loved one as a result of an accident involving a large truck, know that the experienced Scottsdale, Arizona personal injury law firm “Yearin Law Office” can help you to explore your options and protect your rights. Depending on your circumstances, we may be able to hold the truck driver and/or truck company that harmed you accountable for their choices.
The Truck Driver
It might be simpler to pursue legal action like you would for a car accident. In the aftermath of the car accident, you would sue the driver of the at-fault vehicle. In certain cases, the fault would fall on the owner of the car if the injury was not caused by the person on the vehicle’s title. However, truck accidents should be handled differently. On one hand, trucks are much larger than the standard car and can cause substantially more damage. Because of this, truck drivers must attend annual training, hold a Commercial Drivers License and have a spotless driving record. In many cases, driver negligence is directly related to their company obligations.
The Company and/or The Driver
If the truck driver is an employee of a larger truck company, you could sue the company for monetary damages and/or hold its insurance company to account for a fair settlement. To win your case against the company, the truck driver’s negligent act must (generally) have occurred under their “scope of employment.”
Some trucking companies ask their drivers to ignore federal laws so deliveries can arrive on time. Truck drivers are legally obligated to follow the rules outlined by the Federal Motor Carrier Safety Administration. These rules state that drivers should not be on the road for more than 14-hours. This 14-hour workday should then be followed by 10 consecutive hours of off-time. If drivers were pressured to work longer and potentially unsafe hours, the potential for holding the company itself responsible could increase sharply.
If you or a loved one has been injured in a truck accident, you could be entitled to compensation for the harm you have suffered. If you’re undecided between suing the truck driver and/or the company, contact our Scottsdale, AZ personal injury lawyer to be advised of your options. At the end of the day, you could receive monetary damages from both parties, cementing your financial well-being as you heal from the physical and emotional pain caused by the accident. Exploring your options in detail with our Scottsdale, AZ personal injury law firm will allow you to make an informed decision about what legal options make the most sense for you and your family at this time. Contact us at Yearin Law Office today, we look forward to speaking with you.