Dealing With Tractor Trailer Accident Cases: What You Should Know
For most people who have been injured in a vehicle accident, they'll typically hire an attorney to assist them with their case in order to receive some kind of compensation from the offending party. Some of this compensation includes pain and suffering, medical costs, and the cost it takes to recoup or repair their damaged vehicle. If an accident involves a tractor trailer, the details of the case can be a bit more difficult to navigate. If you've been involved in a tractor trailer accident, here is what you need to know.
Lawsuit Against the Company
Since almost all drivers of tractor trailers are direct employees of the company they are driving for, the case will more than likely be against the company who owns the truck and not the driver. This makes the case more complex, since you will be battling a company instead of an individual. You will need an attorney who is well-versed in these specific types of cases who understands how to proceed in court battling trucking companies instead of individual drivers. It is important to note that most drivers of these types of vehicles have to follow specific state and federal regulations, and should also carry a much higher level of insurance limits as required by law.
How Laws Protect You
Since tractor trailer drivers are held to a higher standard, the chances that you will get an offer to settle out of court are much higher. If the case does go to court, the defendant will have to be able to prove that they did not violate a variety of state or federal regulations, and proving that can be difficult. In addition, if they are found guilty, it can be harmful to both the driver and the company they drive for, so many times, it's easier for them to settle. Since their insurance limits are higher, the settlement amount is usually higher as well, making settling out of court more appealing to the plaintiff.
Multiple Defendants
Since the driver of a tractor trailer is ultimately responsible for operating their truck, the case could be presented with two defendants instead of one: the driver of the truck as well as the company who owns the truck. The downside of pursuing a case in this manner is that the odds of settling are lower, since there will have to be an actual court hearing presented regarding the driver. On the upside, plaintiffs can sue both parties and if they win their case, the driver will be responsible for the balance of any damages not paid for by the company. If you've experienced an accident involving a tractor trailer, seek the help of an attorney like one from Arrington Schelin & Munsey PC who understands the dynamics of these types of cases.
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