After a car accident with a commercial truck, who should I sue?

After you experience a car accident involving a large commercial truck, it is not always clear whether you should pursue fair compensation for your injuries and losses from the driver of the vehicle, the driver's employer or some other party.

Depending on the nature of the accident, and on the type of relationship the driver has to the employer, you may file a lawsuit directly against the driver. This is may prove necessary if the driver is an independent contractor. If the driver is an independent contractor, you are likely to file against him or her, unless the cause was something beyond the driver's control, such as a malfunctioning part of the vehicle.

If a part malfunctions and causes the accident, such as a brake component or part of the steering column, you may bring a lawsuit against the manufacturer of the part. You may also pursue the driver over his or her responsibility to maintain his or her own vehicle.

If the company employing the driver is found to be a traditional employer, you may also bring a personal injury suit against the employer.

In the aftermath of a truck accident, you may have a number of very serious injuries. Be sure that you do not wait to seek out all the professional medical care you need to fully recover from your injuries as completely as you can. Unfortunately, focusing on recovery from an injury is much more difficult if you are also the person responsible for filing and following up with the responsible party about fair compensation. To allow you more time and energy to focus on your recovery, you can enlist the guidance of an attorney to represent your interests in the suit, guide your legal actions, and protect your rights.

Source: Findlaw, "Truck Accident FAQ," accessed Oct. 05, 2017

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