Can You Sue Someone Personally for a Truck Accident?

Sharing the busy Chicago roadways with truck drivers can increase your chances of being involved in a truck accident. When this happens, you might be able to file a lawsuit against someone personally, such as the truck driver or the owner of the truck company that the driver works for. However, there are certain facts and circumstances that your Chicago truck accident lawyer will need to evaluate before determining whether this is an option for your case.

Why would an accident victim sue someone personally for a truck accident?

There are many reasons why an accident victim might decide to sue someone personally for a truck accident. One of the most common reasons is because the truck driver was driving the commercial truck with no insurance coverage or not enough insurance coverage to cover the accident victim’s losses. As a result, they may need to file a lawsuit directly against the truck driver to seek compensation for their medical bills, lost income, pain and suffering, daily out-of-pocket expenses, and more.

If a person is suing the trucking company directly for the truck accident, it may be because they failed to provide their employee (the truck driver) with any insurance coverage. Therefore, this type of lawsuit will seek damages from the trucking company directly in order to cover your losses.

You can also sue someone after a truck accident if you don’t receive adequate compensation from insurance.

Can I file a lawsuit directly against a third party?

When involved in a truck accident, you might learn that the accident was actually caused by a third party instead of the truck driver or trucking company. For example, another driver may have jumped in front of the truck and slammed on their brakes, causing the trucker to need to make a quick pivot to avoid hitting them. However, while doing this, they did not see your vehicle in their blind spots and instead sideswiped your vehicle. If something like this happens, you may be able to file a personal injury lawsuit directly against the third party.

Most of the time, your attorney will recommend that you start with an insurance claim, but if you find out that the driver lacks the proper insurance coverage or does not have insurance coverage at all, your lawyer will likely suggest that you pursue a lawsuit instead.

Other potential people that you may need to sue personally after a truck accident are cargo loaders or maintenance crew workers. It is their responsibility to load the truck’s trailer cargo and maintain the truck’s parts and equipment. However, if they failed to do so properly, this could have caused the truck to lose its balance and collide into your vehicle, which led to your injuries. If these individuals are not actual employees, there is a chance that they may not have insurance or the company’s insurance may not cover their mistakes or errors. When this happens, your only way to obtain the justice and compensation you deserve is by suing the loaders or workers directly.

Why is an insurance claim usually the first step you should take?

Most of the time, your lawyer will recommend that you file an insurance claim first. This is because the insurance company is supposed to investigate your truck accident and determine who is liable. After they find out who is liable, they usually offer a settlement, which will start the negotiation process. During the negotiation process, you and your attorney will send counteroffers that are based on how much compensation you need to cover your injuries and other losses.

This is much simpler and quicker than the litigation process behind a lawsuit. However, if your attorney believes that you are not receiving the appropriate compensation amount or another factor arises preventing you from getting the justice you deserve, they will immediately help you file a lawsuit and prepare to take the case to court.

At Gainsberg Injury and Accident Lawyers, we take truck accidents very seriously. Therefore, if you suffer injuries in a truck accident and need help suing the truck driver or anyone else for damages, please reach out to our Chicago truck accident attorneys at your earliest convenience. Our team knows and understands the process of filing both insurance claims and lawsuits, which means you can trust us to help you through every step of these processes and work to secure the money you are owed. Call our office or submit our contact form to schedule your free and confidential case evaluation today.