Most people think that winning a personal injury lawsuit means that they’ll be financially secure for the foreseeable future. This isn’t necessarily the case. In fact, far too often car accident victims who successfully impose liability and are awarded compensation struggle to actually recover the compensation they are owed. This happens a lot in cases with catastrophic injuries, like truck accidents that result in brain or spinal cord injuries, as truckers and other motorists often don’t have the means to pay the judgment against them.
The good news is that you have another way to recoup the compensation that you are owed: a vicarious liability claim. This type of claim seeks to hold an employer accountable for a negligent employee’s actions. So, in the truck accident context you might be able to recover compensation from a truck company, which is much more likely to be able to pay for the damages you have suffered.
Aggressive and experienced litigators who know how to raise arguments often represent truck companies, often arguing that an employee was engaged in a non-work related activity at the time of the accident. Therefore, you need to be prepared to shut those arguments down. This may mean gathering employment records, police reports, and witness testimony that can support your claim. You also need to know the trial rules and the rules of evidence so that you can utilize them to your advantage.
When dealing with truck companies, you need to be prepared to effectively negotiate your case and represent your interests in court. To do so, you need to fully understand the dynamics of the trucker’s relationship with his employer and how that legally pertains to you. These matters may seem pretty straightforward, but they can actually be quite complicated. This is why many truck accident victims seek out legal assistance when dealing with vicarious liability claims.