If a semi truck accident happens at work, can an injured victim sue for more money than is recoverable under workers’ compensation?
To recover money beyond what is available under workers’ compensation in a workplace accident, the accident had to be caused, at least in part, by a third party (i.e., not the worker’s employer). These are called third-party claims. If the accident victim survives, the claim will be for bodily injuries, including pain and suffering. If the accident victim does not survive, the family can sue under state wrongful death laws.
The following are some examples of third party claims for personal injury or wrongful death resulting from an accident with a semi truck:
- The semi truck driver worked for a company that did not employ the person injured or killed in the accident. In that case, there could be third-party claims against the semi truck driver, his or her employer, the shipper of the freight being hauled by the semi trailer, and possibly others.
- The accident was caused by poor maintenance on the semi truck done by a third-party maintenance company. The maintenance company could be sued.
- The accident was caused by a defective or poorly designed truck part. In that case, the manufacturer of the defective part and the manufacturer of the semi tractor or trailer could be held responsible.
These cases almost always require an independent investigation by the attorney for the accident victim or family. Accident reconstruction experts, engineers and others generally need to be hired to determine what caused the accident and who was at fault. In addition, an analysis of the facts and special laws governing semi trucks needs to be done.
I have helped many accident victims and families obtain compensation from negligent truck drivers, trucking companies, manufacturers and others. An initial consultation is free, and if you decide to hire me, you don’t have to pay for my legal services unless you win. To contact me, call 1-888-377-8900 (toll free) or submit our free consultation form.
Attorney Eric Hageman has won millions for accident victims and is a member of the American Association for Justice (AAJ) Interstate Trucking Litigation Group. He has been given the highest rating by Martindale-Hubbell for an attorney, AV Preeminent. An AV® certification mark is a significant rating accomplishment – a testament to the fact that a lawyer’s peers rank him or her at the highest level of professional excellence.
