It happens all too often. Parents are wrapping up an enjoyable weekend visiting their son or daughter at Penn State University when all of a sudden… bang! A semi-truck slams into them, causing catastrophic results. While some of these individuals are lucky to walk away from their truck accident with minor injuries, others are left with such extensive harm that it rewrites their future. Broken bones, torn ligaments and muscles, and whiplash are very real possibilities, but the worst injuries involve damage to the brain and spinal cord.
Recovering from these injuries can be an enormous task. There is often extensive physical and emotional pain and suffering that is hard to cope with, and medical expenses and rehabilitation costs can quickly threaten your financial stability. The same holds true for lost wages and lost earning capacity. If you’re in this situation, then you might think that your future is bleak. But that isn’t necessarily the case.
This is because you may be able to pursue compensation for your damages if the trucker who caused the wreck was acting negligently at the time and that negligence caused the accident and your injuries. One of the most important things to remember in these cases, though, is that individual truckers, in their personal capacity, probably don’t have the resources to compensate you for all of your losses. This means that without further action you may be left without the resources you need to be financially stable as you focus on your recovery.
Fortunately, you have another option: suing the trucker’s employer. Under a theory of the law known as vicarious liability, you might be able to hold a truck company accountable for the actions of its employee so long as you can show certain legal elements. Amongst these elements are that the trucker was on the clock when the accident occurred, the trucker was engaged in his or her job duties at the time of the wreck, and that the employer reaped some sort of benefit from the work being performed by the trucker.
That all may sound easy enough, but the truth of the matter is that truck companies often aggressively defend these cases in hopes of escaping all liability. Therefore, if you’ve been injured in a truck accident and want to position yourself as best as possible to recover the compensation you deserve, then you might want to consider discussing your case with a legal professional who is experienced in this area of the law.