Filing a Claim or Lawsuit Against an Independent Trucker

Author: MatadorAdmin Posted on: . Filed in: Uncategorized.

Car accidents are unexpected and often lead to injuries and stress about how to handle the situation. When the accident involves a semi-truck, the consequences can be devastating. Not only does the damage tend to be greater, but the legal process is complicated because some laws apply differently in accidents involving semi-trucks. If you have been involved in an accident involving a semi-truck and believe the driver is responsible, you may be entitled to compensation, so it is important to speak with a pedestrian accident lawyer Salt Lake City UT relies on about your options.

Accidents involving Independent Truck Drivers

In most accidents involving semi-trucks, the truck and driver are part of a large trucking company. When this is the case, you will usually name the trucking company in the personal injury claim or lawsuit. If the truck driver responsible for the accident works independently, then there are few scenarios that may apply:

  • If the driver is entirely independent and owns the truck, then he or she may be named in the claim or suit.
  • If the driver works independently, but is driving a truck contracted out by a trucking company, then they may be named depending on the terms of the contract between the company and the driver. If the contract states the company is not liable for damages caused by the driver, there may be conditions that could be favorable to the accident victim.

Hiring a Truck Accident Lawyer

Even in major accidents, people are sometimes reluctant to hire a lawyer. Whether this is because of money or misconceptions regarding the accident, not having legal counsel can further complicate an already difficult situation. While it is wise to hire an attorney after a truck accident, it becomes imperative when damages of any kind and insurance claims are involved.

  • Insurance companies are in the business of making money, so when you file a claim after an accident, they will try to offer the lowest settlement possible. An attorney will ensure you are given a fair settlement. In many cases, an experienced attorney may even be able to negotiate a higher settlement than expected.
  • If the accident caused serious long-term or permanent injuries, then you are probably entitled to a larger settlement. You will want to include in your claim compensation for future medical care, as well as pain and suffering. This can be difficult to determine without proper legal knowledge and experience. An attorney can evaluate your situation to determine a necessary sum to cover the damages.

Documenting Damages

In order to determine how much to demand and settle for in a personal injury case, a lawyer will need to evaluate the total losses and damages. To ensure accuracy, you should document or obtain documentation of all damages incurred in the accident. These may include medical bills and records pertaining to injuries, proof of lost wages from missing work and estimates of property damage and repairs.


Thanks to our friends and contributors from Rasmussen & Miner for their insight into pedestrian accidents.