In many truck accident
cases, the truck driver’s employer is legally responsible for compensating
injured victims. In many cases, however, the employer is a trucking company
that has been sold or transferred to a different owner. When this happens, the
new owner usually does not have the same financial obligations toward its
drivers that the previous company did. This is known as “successor liability.”
This means that the owner of the new trucking company may deny responsibility
or partially reimburse the injured party.
In some cases, the new
company may not have any insurance or assets with which to pay. If this is the
case, it may be possible to sue the owner directly for compensation. This is
called “piercing the corporate veil” and is often used when a company purposely
tries to conceal its identity in order to avoid responsibility.
Another common scenario
is when the driver is not covered by an employer’s insurance policy. In this
case, it may be possible to pursue the insurance company independently. For
example, if the truck was leased to a driver by the company who owned the
truck, the company’s own insurance coverage will usually pay for any damages.
While the law varies
from state to state, many personal injury claims are based on negligence. This means
a plaintiff must show that the defendant owed a legal duty to the plaintiff and
that the breach caused the plaintiff’s injuries. If the accident was caused by
another driver who was under the influence of alcohol, drugs, or distractions
such as cell phones or radios, then the other driver may be liable for damages.
The claimant can also sue for damages sustained by the vehicle itself. Many
claims are settled out of court. However, some cases are taken to trial to
determine if the defendant is legally responsible and how much to award in
damages. Injured parties can seek compensation for medical expenses, lost
wages, pain and suffering, and more. If you or a loved one has been injured in
a truck accident, it is important to contact an attorney as soon as possible.
You may be entitled to financial compensation for your injuries. An experienced
personal injury attorney can help protect your legal rights and ensure that you
receive the full amount of compensation to which you are entitled.
The case involves three
plaintiffs who were allegedly injured in three separate collisions between
tractor trailers and small cars. The plaintiff in the first case was driving
her car when it was struck by an oncoming truck operated by the defendant.
According to the plaintiff, she was driving at approximately 45 mph when the
collision occurred, and she was knocked unconscious when she was thrown from
the car.
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