In the aftermath of an accident involving a commercial truck, it may prove more difficult than victims expect to determine who is responsible for the accident and how, exactly, to file a personal injury claim. Among other reasons, this is because many parties regularly hold some form of liability in such an accident.
In order to properly file a claim, it is first necessary to determine the liable parties and prepare a personal injury claim that makes a strong case for the responsibly of the party named in the claim to pay compensation. One does not merely file a claim into thin air and expect that it will yield fair compensation for injuries, lost wages and medical expenses without first identifying the liable party and presenting compelling evidence to back up the claim.
Of course, truck accident victims may not feel as though they have time to follow up on a personal injury claim. If you recently experienced a truck accident, make it a priority to assemble your claim as efficiently and effectively as possible, to make sure that your priorities and rights remain secure while you do the hard work of recovery.
The driver's relationship to the shipping company
First, it is important to identify the relationship between the driver and the shipping company. If the driver acts as an employee of a larger company, then the claim will likely file against the parent company and its insurers. However, if the driver operates as an independent contractor, then the shipping company has a layer of protection agains the suit, and the claim may fall to the driver's individual insurer.
Once you determine this relationship, it is necessary to examine other parties who may hold liability to make sure that you do not miss out on possible compensation.
Additional liable parties
In some cases, parties other than the drivers or employers of the drivers are liable for the accident. For instance, it is possible that the company who regularly maintains or repairs the truck holds some liability, if the accident occurred because a repair failed or because of poor maintenance.
Similarly, if the accident occurred because the load within the truck's trailer shifted dangerously while in transit, then it is wise to find out if a third party assembled the load and packed it into the trailer. If so, then the packing company may face liability.
Build your claim with care
Each of these defendants must receive their own attention, and may even require their own claim. Be sure that you carefully use all the resources that you can access to assemble strong claims that fully represent your rights while focusing on your own physical recovery and financial concerns. A carefully crafted personal injury claim addresses your needs and holds those responsible to a high standard of compensation for your losses.