If you are ever involved in an automobile accident with a commercial truck, do not leave everything up to the insurance companies. If you were not at fault, your insurance company is going to go after the driver's insurance company to compensate you for your injuries, losses and punitive damages. However, by hiring a lawyer experienced in commercial trucking accidents, you may be able to receive more compensation because the list of who is at least partially responsible is much larger than you would think.
The Driver's Employer
If the driver of the truck is employed, the employer will have some type of insurance for the driver and vehicle. When the other driver did not intentionally cause the crash, the employer's insurance will be held responsible for at least a portion of the compensation. The employer's insurance will have much higher limits than the driver's personal insurance so you have the possibility of receiving more.
The Loading Company
When the driver picked up the load, it may have been from a different company than the employer's company. Perhaps the truck was picking up goods to be taken to the employer. Your attorney will go over the loading information to ensure that the freight was not over the limits of the truck and that it was packed properly. If it can be proven that the weight was not properly distributed, the loading company may be partially at fault for the accident. In this case, you may be able to receive compensation from the loading company AND the driver's employer.
The Maintenance Company
Some trucking companies have a maintenance division and some rely on an outside company to perform routine checks and maintenance on the vehicles. If the driver was an independent contractor, he or she will probably have a regular auto shop do the work. When it turns out that the reason for the crash was due to a problem with the vehicle that should have been noted and repaired by the mechanic, that company also becomes involved in the lawsuit.
Do not think hiring a truck accident lawyer makes you greedy. The truth of the matter is that accidents involving commercial vehicles, especially the big rigs, result in catastrophic damage or injuries, and quite often death. The insurance of any one company or driver may not be enough to compensate you completely for your losses. While you could try to get a financial judgement to make up what the insurance doesn't cover, you may never see that money. When your attorney can prove other insurance companies need to pay, you will get more of what you deserve.
For more information, contact a law firm with experience dealing with trucking accidents, such as Bennett & Zydron PC.
Share10 September 2015
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