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Is the Tractor Trailer Driver’s Employer Liable for Your Injuries?

Is the Tractor Trailer Driver’s Employer Liable for Your Injuries?

If you get into a truck accident in Atlanta, you’re going to suffer some pretty serious injuries. You’ll probably need to spend a few days in the hospital. You may need long-term physical therapy. It all depends on the details of your crash. Unfortunately, it’s the person in the passenger vehicle who usually bears the brunt of a truck accident impact. The truck driver is sometimes lucky enough to walk away without a second thought. One thing that the truck driver can’t avoid, however, is liability. In these accidents, the truck driver tends to be presumed liable for the crash. And, since they work for someone else, you’ll usually have a claim against the tractor trailer driver’s employer as well.

In most cases, the employer’s insurance will cover your injuries. They don’t want the negative publicity about a truck accident. And they understand that they’re vicariously liable for any damages caused by their employee’s actions. So, if a truck driver is liable for an accident, their employer will have no choice but to pay your damages.

There are times, however, when the truck driver’s employer refuses to cover your damages. There are several reasons for this. Usually, it comes down to the truck driver doing something they shouldn’t have been doing. If the employer can prove this, they may not be held liable for their employee’s actions.

If your truck accident claim is denied, you’ll need to contact an experience truck accident lawyer in Atlanta.

Why Would the Tractor Trailer Driver’s Employer Refuse to Honor Your Claim?

It doesn’t seem fair that a trucking company would deny your claim. However, there are times when the truck driver’s employer will deny liability. They could do this for a variety of reasons, including:

  • The driver was not on the clock at the time of the accident.
  • The driver was violating company policy when they were involved in the crash.
  • The driver was under the influence of drugs or alcohol.
  • They don’t believe their driver caused the crash.
  • Your injuries are serious and the claim is very large. They would rather take their chances in court or try to negotiate a settlement for a lesser amount.
  • The driver did not have permission to use the truck at the time of your accident

If the tractor trailer driver’s employer does refuse to pay your claim, that doesn’t mean all hope is lost. Your Atlanta truck accident lawyer is going to work hard to get you’re the compensation you deserve.

Your Truck Accident Lawyer in Atlanta Must Prove Your Damages

The next thing they’ll have to do is establish your claim for damages. Depending on the seriousness of your injuries, you may be able to demand any or all of the following:

  • Medical Bills – If you are hospitalized or require medical care, the defendant will have to pay for this treatment. This includes future medical care as well. Your doctor can testify as to what future medical treatment you need. The defendant will be liable for these expenses.
  • Lost Wages – If you miss a significant amount of time from work, you can demand that you be reimbursed for lost wages. Usually, this requires that you miss at least a couple of weeks. Your attorney will submit time sheets and payroll records to prove these damages.
  • Property Damage – If any of your property was damaged or destroyed during the accident, you can demand compensation.
  • Pain and Suffering – These damages are intended to compensate you for physical and mental anguish. These usually make up the lion’s share of your settlement.
  • Permanent Disability – If you can no longer work as a result of your accident, the defendant may be held liable for these damages. They are represented by the difference in what you’ll earn on disability compared to what you would’ve earned if you could return to working full-time.

Just remember. It’s your lawyer’s job to make you whole. It’s not their job to make you rich. They’ll do what they can to get you the compensation you deserve.

Contact an Experienced Personal Injury Attorney in Atlanta Today

If you have been hurt in any sort of motor vehicle accident, you need to contact an experienced truck accident lawyer in Atlanta today. They can review your case and let you know what it may be worth. They can also answer any questions you may have.

Call Ted A. Greve & Associates today and schedule your initial consultation. It’s absolutely free and you pay nothing until you settle your case. The defendant will have a team of lawyers working for them and you should too. There’s too much at stake to try to handle this yourself. Let them handle the legal side of things while you focus on getting better.

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