Can I Sue Someone Personally After A Truck Accident?
Depending on the circumstances, you may be able to sue someone personally for damages after a truck accident. Normally, the trucking company is responsible for paying damages due to vicarious liability. This doctrine dictates that employers are typically liable for any harm their employees cause.
In some cases, you may have grounds to file a civil lawsuit against the driver. However, suing someone personally does not always guarantee you will recover damages. Here are some answers a personal injury lawyer may provide to the question: Can I sue someone personally after a truck accident?
When Can You Sue Someone Personally After a Truck Accident?
There are generally two things you will have to consider before you sue Someone Personally After a Truck Accident:
- Ascertain that the liable party lacks insurance coverage. In this circumstance, that person will have to dig into their pockets to pay for your damages when you file a case against them.
- Consider the status of a person, meaning you need to know about the assets that a person has. Some people are endowed financially, yet they only take the minimum liability coverage. When such people get into an accident, their insurance will only pay minimal amounts in compensation. The compensation, in many cases, will not be sufficient to cover your injuries.
Bringing a civil lawsuit against a liable party with enough assets may help you recover compensation for your injuries. The court may compel such a party to top up on what their insurance has offered as settlement for your injuries. However, it will be upon you to prove that the liable party has existing assets before the court awards damages.
Can You Sue Someone If You Played a Role in the Accident?
Yes, you can file a lawsuit against someone and win the case even if you had a role in the accident. There is a law known as comparative negligence that guides such cases. Under this law, the court apportions fault to both parties depending on the weight of their roles in the accident.
The court will reduce your compensation by the percentage of your fault in the accident when it awards damages.
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How Long Do You Have to File a Lawsuit Against Someone?
Each state imposes a statute of limitations, which limits how long you have to file a lawsuit against the liable party. It is important to keep this timeline in mind. The law will deem the liable party to be innocent of any wrongdoing if you file for damages after the expiry of this period.
A personal injury lawyer will tell you that you may still win a truck accident case even if you file a lawsuit two years after the accident. Some exceptions may qualify your case to be exempt from the statute of limitations, like, the discovery rule.
Which Damages Can You Recover From the Person You Sue?
A court may award both economic and non-economic damages for the injuries you sustained in the truck accident. These damages include:
- Present and future medical costs: For doctor’s appointments, emergency services, diagnostic exams, mobility aids, pain medications, surgeries, hospital stays, and transportation going to and from the doctor’s
- Property damage: For your vehicle if it was damaged or totaled
- Lost wages: For any income or benefits you couldn’t have while you were in treatment
- Loss of future earnings: For the income you won’t earn if you can only work part-time or altogether
- Pain and suffering: For the physical discomfort from your injuries
The severity of your injuries will be key in determining the amount of compensation you will get. The extent to which you prove liability on the part of the defendant will also be instrumental in determining the recoverable damages.
Hiring a Truck Accident Lawyer to Work Out Your Case
The legal process following a truck accident can be confusing, so allow an attorney to take over. They can:
- Collect evidence and create a comprehensive case file
- Establish the liable parties
- Determine how much compensation you are entitled to receive
- Communicate with everyone involved
- Fight for a fair settlement
- Litigate your injury case in a trial
