Many drivers fear that that they may get into an accident with a larger vehicle such a truck, tractor-trailer, or semi-truck. It is no surprise given the fact that smaller more compact cars are not always equipped to protect the passengers from this kind of accident. A majority of these accidents result in permanent damage or even death. The sad fact is that these accidents happen on a daily basis.
The aftermath of these accidents can cause a serious financial burden on the victims and their families. Fortunately the government has laws that allow the victims and their families attempt to recover the damages caused from the persons that are liable.
What Happens After The Accident?
After the accident has happened, the trucking company and their insurance company will perform an immediate investigation in order to limit the recovery of the injured to ensure the lowest potential monetary amount. Thus the companies doing the investigation have created an intricate set of guidelines and procedures when handling a claim.
Throughout the investigation the trucking or insurance company will perform interviews, examine the vehicles, photograph all findings, obtain copies of police reports, and figure out the severity of the injuries. This portion of the investigation is generally done within the first week after the accident and some accomplish all of this within the first 48 hours to establish who is liable.
A majority of the time the person held responsible for these accidents is the driver of the truck. In a large portion of the cases the driver is at the bare minimum named in the lawsuit if not the sole defendant. The reason for this is because it is believed the trailer insurance driver of the truck is the one that caused the accident.
A key piece of information needed to determine liability is whether or not the driver was an employee of a major trucking company, driving their personal truck, or driving for a large carrier as a contractor. These varying factors will make the distinction as to exactly who is liable to reimburse the victims.
The Trucking Company
If the driver is not liable for the accident, then the liability falls on the trucking company the driver worked for. This only applies if the driver is an actually employee, not a contractor for the company in question. In order to hold the company reliable, the driver would have had to been driving the truck in relation to their job. If they were driving their truck on their own, the company is not liable. Meaning, there needs to be a load in the trailer of the truck driving to or from the loading dock. If this is not the situation then the company will not take liability for the driver, leaving the driver solely responsible.
Given the fact that insurance companies are always involved in this situation, obtaining counsel to help you the process would be beneficial. Insurance companies are infamously known for finding the lowest reward possible. Whereas a lawyer will help you fight for your rightful reward.