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 a 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 experienced 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 tractor-trailer driver’s employer will deny liability. They could do this for a variety of reasons, including:

  • Maybe the employee had no permission to use the company vehicle
  • The employee could’ve been off the clock
  • They weren’t working within the scope of their employment
  • They were violating company policy at the time of the crash

Hopefully, the company will do the right thing and honor your claim. If they don’t, your Atlanta accident lawyer will go to bat for you. Worst case, you’ll have to file suit. While this is not ideal, it may be necessary.

Your Truck Accident Lawyer in Atlanta Must Prove Your Damages

Even if your attorney can prove fault, they still have to be able to prove damages. To do this, they need to show specifically what losses you’ve suffered. Depending on the facts of your case, you may be entitled to the following:

  • Medical Bills –Most truck accidents are pretty serious. You’ll suffer injuries ranging from a broken neck to a traumatic brain injury. This means you’ll rack up thousands of dollars in medical bills. The defendant should be responsible for these.
  • Lost Wages – Any serious injury is going to cause you to miss work. If you only miss a few days, you won’t have a claim for damages. But if you miss weeks or months, you can demand compensation.
  • Property Damage – If your car is damaged or destroyed, the defendant should pay to have it fixed or replaced. It depends on how serious the damage really is.
  • Pain and Suffering – If you suffer physical and mental anguish, you can demand compensation. These types of damages can make up the lion’s share of your claim.
  • Permanent Disability – Some people aren’t able to work after their accident. If this is the case, you won’t be able to earn the same kind of money you did before the crash. The defendant should be liable for the difference in earnings.

While your Atlanta car accident lawyer is going to work hard to get you every penny, you have to be realistic. People don’t get rich in their car accident claim. The point is to make you whole.

Contact an Experienced Personal Injury Attorney in Atlanta Today

If you or your loved one are hurt in any sort of motor vehicle accident, you need help. Call and talk to one of our experienced truck accident lawyers in Atlanta, Georgia today. They have decades of experience handling cases just like yours and they’re just a phone call away.

Call today and schedule your initial consultation. It will cost you nothing to sit down and talk about your case with one of our skilled attorneys. Let them handle the legal side of things while you focus on getting better. And remember – you pay nothing until your case settles.