When thinking about lawsuits that stem from commercial truck accidents, many people think that only those injured in passenger vehicles have the right to sue. If you are a truck driver that has been injured in an accident, it's important to recognize that you may be able to seek financial compensation from your employer.
Here are two tips you can use to help you determine if suing the trucking company you worked for at the time of the accident will be beneficial.
1. Ask for a copy of the report indicating the cause of the accident.
Determining the exact cause of your accident can be beneficial when it comes to making a decision regarding a potential lawsuit against your employer. By obtaining a copy of the official report outlining the cause of the accident from a law enforcement agency or the insurance company which investigated the accident, you will be able to determine if your employer was liable for the damages in any way.
When failed mechanical equipment (like faulty brakes or malfunctioning steering systems) are to blame for a trucking accident, you may be able to prove that your employer was negligent in maintaining the truck you were driving when the accident occurred.
Be sure to consult with an attorney if you need help obtaining a copy of the official accident report. An attorney will be able to help you interpret the report and determine if you have legal standing to file a lawsuit to seek financial compensation from your employer for the injuries you sustained in a trucking accident.
2. Ask fellow drivers about any former violations committed by your employer.
Since large commercial trucks can pose a risk to drivers sharing the roadway with them, there are strict rules and regulations that trucking companies must follow when it comes to load weight, vehicle maintenance, and driver qualifications.
If you feel that your employer's negligent actions were to blame for your trucking accident, proving a history of negligence could be beneficial when taking the trucking company to court. Asking your fellow drivers to relay information about violations committed by your employer in the past could be beneficial. Talking to drivers who have been employed longer than you or drivers who might have quit because of potential safety hazards could give you the evidence you need to prove fault in a personal injury lawsuit.
If you are having trouble obtaining statements from your fellow drivers, ask an attorney for help. Experienced personal injury attorneys will be able to interview witnesses and access a record of previous violations committed by your employer to use as evidence in court.
Suing your employer for negligence after you have been involved in an accident while driving a commercial truck can be intimidating. Having an experienced personal injury attorney help you collect the official accident report and witness statements could be beneficial when deciding if you should pursue a personal injury lawsuit against your employer in the future. For more information, contact Gelman Gelman Wiskow & McCarthy LLC or a similar firm.