Can I Sue the Truck Driver Who Caused My 18 Wheeler Accident?
Unlike an accident between two passenger vehicles where the liable party is almost always the driver, an 18 wheeler accident can be more complicated. In 18 wheeler cases, the driver, the trucking company, the parts manufacturer, and more are all potentially liable after an 18 wheeler accident in Kermit, Texas. If you or a loved one were involved in an 18 wheeler accident, you may be wondering “Can I sue the truck driver who caused my 18 wheeler accident?” The simple answer is “yes,” but a good lawyer will tell you that it may not be your best option.
At Carabin Shaw, our team has decades of experience working with 18 wheeler accidents, so we know how to determine the best course of action in a trucking accident case. If you want to maximize your compensation, consult a Kermit 18 wheeler accident lawyer.Determining Liability
Often, careless truckers cause semi-truck accidents in Kermit, Texas. Negligent driving includes speeding, fatigued driving, and distracted driving. If a truck driver’s negligence caused the crash, the truck driver could be held liable for your damages. However, most truckers are employed by a company, even if they are considered independent contractors. So, in most cases, the truck driver’s actions fall under the trucking company’s responsibility. Essentially, if a truck driver’s negligence caused the accident, the company could still be responsible.
In most circumstances, you and your attorney can sue either the truck driver, the trucking company, or both. Additionally, if a part fails or improper maintenance leads to a vehicle malfunction, either the parts manufacturer or the mechanic could be liable. Consult with a Kermit trucking accident attorney to determine which option is right for you.The Investigation Process
To figure out which party you should sue in your trucking accident case, a lawyer will take the following steps:
- Investigate the accident and build a case: Our team will gather evidence for how the crash occurred. This step might include visiting the crash site, interviewing witnesses, and going over relevant documents like the police report and the truck driver’s logs. If the driver was on the clock during the time of the accident, your truck accident lawyer in Kermit, Texas could also look at suing the trucking company.
- File an insurance claim: Trucking companies and their insurers are looking to settle with you for the least amount possible, so do speak with them unless you have to. In those circumstances, only answer with facts and never sign any paperwork before speaking with your Kermit 18 wheeler accident lawyer. Once we have all the evidence we need, we will file a claim with the truck company’s insurer.
- Negotiate a settlement or take your case to court: In most cases, your Kermit trucking accident attorney can get you the compensation you deserve by fighting aggressively for you in a negotiation process. If you are unhappy with the final offer, we will sue the responsible parties and take them to court to make sure you get what you deserve.
After an 18 wheeler accident, being adequately compensated for your damages should be par for the course. Unfortunately, that’s not always the case. However, an experienced attorney can make sure your needs are met. At Carabin Shaw, our team goes above and beyond for our clients, so know that if you work with us, you’re in great hands. We will use our expertise to investigate your case and determine if you should sue the truck driver, the trucking company, or another responsible party. We are available 24/7 to serve you, so speak with a Kermit 18 wheeler accident lawyer at our firm today.
Dial 432-242-2222 or call us toll-free at 1-800-862-1260.