After a serious truck crash, you may have injuries that require surgery or other ongoing treatments. You may struggle with the loss of a loved one or have children who also suffered in the crash.
When you're in a crash like this, you need to think about the next steps. You'll have medical expenses, lost wages and other factors that impact your case. This is when it becomes crucial to know who you can file a claim against and your rights in doing so.
Filing a claim against the driver
If the driver is an independent contractor, then your preference may be to sue him or her directly or to seek compensation through his or her insurance. This is a fairly common situation for victims of collisions.
In the case that the driver is not insured, he or she may be involved in a criminal case. This won't have an impact on your right to a civil case for compensation in most cases.
Seeking compensation from employers
It may be possible to hold the employer of the driver responsible for the driver's mistakes. This is called holding the company or employer vicariously liable.
A company is vicariously liable when an employee causes an accident or injury during employment due to negligence. Essentially, the employer can be held responsible for the employee's actions in some cases. This is something to look into if you've suffered significant injuries that may not be completely covered through an insurance claim against the driver.
Our site has more on vicarious liability and what you should know if you are in a crash.