As I was studying cases the other day, I delved deeper into more complex personal injury situations. I want to be the best lawyer I can be when I get out of school, and to do that, I must prepare to serve any injured client that comes my way. Learning about more complex scenarios is important because I know that not all the cases I receive will involve clear negligence caused by one defendant.
One situation I might encounter is when an employee negligently injures someone while on the job. For example, in a truck accident, the truck driver may injure another driver on the road if they’re distracted. Even though the truck driver is at fault for the accident, the trucking company may take the blame for the driver because the driver is their employee.
Similarly, hotels or other businesses may have to take accountability for injuries that occur on their property, even if a negligent employee caused the injury. This is a gray area, because the business only holds liability for employees when the employee’s negligence falls within the scope of the job role.
In this post, I’ll focus on truck accidents because I know this may be a scenario I’m likely to encounter in my professional future.
How to Sue for a Truck Accident
The best way to learn about the law is to study cases that have happened in the past. So, when determining how I would handle a truck accident case, I looked in the archives online. In 2015, there was a woman who got injured in a traumatic truck accident in Virginia. She hired a Richmond truck accident lawyer to handle her case and received a hefty settlement.
Because truck drivers are often employed when driving, injured victims have the benefit not of suing the truck driver as an individual—who may not have significant assets or a large insurance policy—but suing the trucking company that employs them. These companies understand the burden they’ll bear if they don’t heavily insure their drivers. As a lawyer fighting for justice in one of these cases, you’ll be up against an insurance company, but this also means there’s a lot of money at stake.
Find the Evidence and Fight
When there’s a lot of money on the line with a big insurance company, the trick is to gather the most evidence possible against the truck driver and create a strong case. When a victim’s case is strong enough, settling for less than a client deserves is unacceptable. Once I get my first case as a lawyer against a large company or insurance company, I’ll fight hard to get my client the maximum settlement.