Should I Sue the Trucker or the Trucking Company After a San Jose Truck Accident?
If you have been involved in a semi-truck accident in San Jose, you might be dealing with all kinds of issues. Firstly, you might have suffered serious injuries, and you might be facing considerable medical expenses as a result. To make matters worse, your injuries may have forced you to miss days, weeks, or months of work. This means that you are earning virtually no income while also facing medical expenses. On top of all of this, you may be struggling with psychological issues as a result of the crash. Perhaps you have PTSD, or maybe you feel anxious and suffer flashbacks every time you hear the ominous air horn of a passing semi-truck.
Considering all of these issues, small legal details might seem relatively unimportant. For example, the decision of whether to sue the trucker or the trucking company might be a rather peripheral concern. However, these legal decisions may be more important than you realize. Remember, the success of your lawsuit will determine whether or not you can receive an adequate settlement for your injuries. This settlement can help you pay for things like medical expenses, missed wages, and a range of psychological damages. So, even though you might be more concerned with your health at this time, legal matters are still of the utmost importance.
Fortunately, you can enlist the help of an experienced personal injury attorney in San Jose who can help you tackle these legal decisions. With help from our attorneys, you can decide whom you should sue. Once you have made this decision, you can move on with the rest of the legal process. With our guidance, you can hold negligent parties accountable and recover a settlement that reflects the true extent of your damages.
Suing the Trucker
Suing the trucker directly is usually not the most effective solution. This is because a trucker does not typically have access to large sums of money with which to pay for your settlement. There are exceptions, of course. For example, a trucker may be the owner of a company with just one truck. This trucker may have the necessary insurance to cover your losses. In addition, you can certainly name the trucker as a defendant in your lawsuit, which means that they will suffer consequences for their actions. However, they will likely not be responsible for paying your settlement, as this will fall instead to their employer.
Suing the Trucking Company
Suing the trucking company itself allows you to access a much larger potential settlement. This is because trucking companies are insured against these kinds of lawsuits. As a result, you could potentially recover millions of dollars after being seriously injured in a semi-truck accident.
Trucking companies can be held liable for the actions of their employees because truckers represent the companies that employ them. In addition, trucking companies can be held liable for their own decisions and policies. For example, a trucking company may have hired an individual with a suspended license. Or perhaps they encouraged their employees to drive long distances and many hours without taking breaks or sleeping. Maybe they forced their drivers to get behind the wheel when weather conditions were unsafe. There are many reasons why a trucking company may be held liable.
What if the Semi-Truck Was Stolen?
In November of 2021, it was reported that a criminal had stolen a semi-truck before smashing through a number of vehicles in Red Bluff, California, including one occupied by an on-duty police officer. The officer suffered unspecified injuries. What happens if you were hit by a stolen semi-truck? In this situation, your legal options may be quite limited. The criminal may not have a lot of money, and the trucking company itself may not be liable for this unforeseeable offense.
What if it Was a Hit-and-Run?
Hit-and-runs may seem like they might be problematic when filing a lawsuit. However, it is very difficult to get away with a hit-and-run in a semi-truck. Most companies carefully monitor truckers with cameras inside the cab. They also track the vehicles with GPS signals. Because of this, a semi-truck driver who tries to commit a hit-and-run will not get far. You can then sue.
Enlist the Help of a Qualified Attorney Today
If you have been searching the San Jose area for a qualified, experienced personal injury attorney, look no further than Mary Alexander & Associates. We know that deciding who to sue can seem like the least of your concerns, especially if you are dealing with serious injuries. We agree that your health is the number one concern, and we feel that you should focus on healing in the best way possible. Allow us to tackle the legal aspects of your upcoming lawsuit, and you can divert your full attention towards your treatment. With our help, you can recover enough money to pay for the best medical care possible. Book your consultation today, and we can immediately start developing an effective action plan together.