Being involved in a vehicular accident is no joke. Traffic accidents involving trucks can leave severe damages to public properties, people in other vehicles, and bystanders. While it’s not always easy to determine who is liable for the car accident, a San Diego truck accident injury attorney will help figure out the parties responsible for the incident. If you’ve been involved in a vehicular accident involving a commercial trucking company and would like to know how to sue the company, here are the steps you can follow.
Determine the Liability for an Accident From DUI
Unlike with car accidents where you can sue the other driver for the road disaster, determining the liability in a truck accident can be challenging and complicated. There are many factors to consider when you investigate the truck accident to find out who is responsible for your personal injuries. Fortunately, there are ways to determine the liability of the truck driver and commercial trucking company. One is by contacting a personal injury lawyer and possibly a DUI criminal defense attorney in San Diego to help you file your claim and win your case.
Organize Your Evidence Before Filing a Truck Accident Injury Claim
Before you file a complaint, you should have evaluated your claim and organized your medical and legal evidence. You must identify the responsible party first before you file a truck accident lawsuit. As the complainant, you should also compute your potential damages and evaluate the strength of your negligence claim. You must understand the importance of weighing the strengths and weaknesses of your truck accident injury case before filing the claim. The other party will easily counter your claim if your negligence claim has its weaknesses.
Hire a Legal Expert in Vehicular Accident Claims
The best way to strengthen your case is to hire a San Diego vehicular accident attorney. A legal professional will listen to your story, evaluate what happened, and find out the cause of the accident. A San Diego vehicular accident lawyer will also investigate to find out who is responsible for the road mishap. A lawyer can look into a commercial trucking company’s negligence and its role in the truck accident case. In most cases, the company plays a role in the driver’s negligence which results in a vehicular accident.
Sue the Driver and the Commercial Trucking Company
If the truck driver is employed by a commercial trucking company, you can sue both the driver and his employer for the damages caused by the vehicular accident. The commercial trucking company is equally responsible for the actions and negligence of the truck driver. Therefore, they are both responsible for the road mishap. However, if the driver is acting outside the scope of the company, therefore the commercial trucking company is not liable for his actions. If the truck driver is an independent contractor, it means that he does not have a formal employer. You can sue him for the personal injuries, but you can’t sue the company for the truck accident. You must determine the identity of the parties involved in the vehicular accident, especially the ones responsible for the disaster.
Although it is not easy to win a personal injury case due to the argument and counter of commercial trucking companies and insurance companies, hiring a San Diego vehicular accident lawyer will significantly raise your winning percentage. Since insurance companies can use scopes of employment arguments to deny a truck accident claim, you need a lawyer to make sure you have a strong case against the truck driver and the commercial trucking company. Get legal professional service today and find out how we can help you get the compensation you deserve for your personal injuries from a car accident.