Ray Arenofsky - Attorney At Law

Should I Also Sue The Driver Of The Vehicle Independently?


If the company who hires a driver with his own truck, and has properly made the driver of that truck an independent contractor, then that driver may be the only source of recovery. In other words, the company will try to separate that truck from their company and say that the truck driver is responsible for what he did. If this is the case, then several issues need to be considered, including whether or not the company tried to separate the company from the truck doing the errands, whether or not the company hiring the truck driver had much control over the truck, whether or not they had a schedule for the truck, and whether or not they told the driver of the truck when they needed to be at a certain destination. The more control the hiring trucking company had, the more likely you can tie that company to the accident. The goal is to tie the truck driver to the company because then there will be access to the company’s insurance. However, sometimes you are stuck and can only sue the independent contractor.

In some cases, the driver of the truck will have portable automobile insurance that can transfer to the accident. It’s best to bring the driver in because sometimes the defense attorneys will try to put the blame on parties that are not joined to the suit, which could create a big hole in the case. Books are written on that, and sometimes strategic decisions have to be made.

What Are The Biggest Challenges Faced By Someone Involved In A Truck Accident?

Commercial trucking cases are probably some of the most difficult cases in the injury field, and you really have to know a lot about trucks. Aside from putting the case together, one challenge is in determining who was at fault. If there are serious injuries involved, then there are going to be huge medical bills involved. As a result, it is sometimes necessary to find a doctor who will work on a lien, which means that they will get paid when the case is over.

A good lawyer generally has a stock of good doctors to treat the injured party. There are all kinds of financial obligations which keep building up for the injured person and his or her dependents as a case goes on, such as paying for a mortgage or rent, and feeding children. You may have to downsize or borrow money from family. It is hard to get a good doctor when there is no health insurance, and stress is a terrible thing. It is hard for people who are used to working to find themselves in a hospital and unable to do anything. Sometimes psychologists or psychiatrists have to administer certain medications to help people deal with stress. Someone once said that anxiety causes most of your injuries in life. You need a good primary doctor who can orchestrate the medical scene by getting good doctors who can treat your different injuries.

No one does well with severe or continuous pain. In addition, there are problems that can come up when you are injured. Severe injuries can put terrible strains on marriages and other familial relationships. In fact, they can destroy families. Some spouses are not loyal or just get worn down and abandon the person who was hurt badly. Some people even develop suicidal tendencies while trying to recover from serious injuries. So, it’s just a horrible situation. A good lawyer will take the legal problems away from the client and help get the right doctors in order to expedite healing. A good lawyer will make the bills stay in limbo until the case is over, and might even make some charitable connections through which food or rent could be provided. A comforting law firm with a comforting staff can become like family. They will return your calls and lessen or remove your worries.

For more information on Suing An Independent Contractor, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (480) 345-0444 today.

Ray Arenofsky - Attorney At Law

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