Being struck by a sleep-deprived truck driver can have devastating consequences. The sheer size and weight of a commercial truck can cause catastrophic injuries, leaving victims with long-term physical, emotional, and financial burdens.
If you’ve been involved in a truck accident caused by a drowsy driver, don’t hesitate to seek help from the experienced truck accident attorneys at Polito & Harrington and other experienced law firms. They have a proven track record of securing maximum compensation for victims of truck driver negligence.
Such victims typically have several legal options that allow them to seek justice from the most liable party. Here are some such options:
Personal Injury Lawsuit Against the Driver
Filing a personal injury lawsuit against the driver is a way to say, “You messed up my life, and now you have to help me pick up the pieces.” This lawsuit is your chance to recoup the financial losses you’ve suffered.
Every penny you’ve shelled out for medical care, every paycheck you missed because you couldn’t work that can all be included. On top of that, there’s compensation for the pain and suffering you’ve endured. It’s not about some crazy payday but about getting back on your feet financially and emotionally after this whole ordeal.
Don’t get discouraged if the driver seems like a total dud with no money. Lawsuits can also be filed against their insurance company. Insurance companies exist for situations like this, so don’t be shy about holding them accountable for their insured driver’s actions.
Negligence Lawsuit Against the Trucking Company
Another option you can explore is suing the company itself. This one hinges on whether the trucking company is somehow to blame for the tired driver’s being on the road.
For instance, maybe they knew the driver had multiple shifts in a row and still let him drive. In that case, you could argue they were negligent in putting a tired person behind the wheel.
Proving liability in this case is typically harder than usual. Still, it could be a good option if it pans out because trucking companies often have more financial resources than a single driver. If you can show they were part of the problem, think of it as going after the deeper pockets.
Alternative Dispute Resolution (ADR)
Instead of a judge hammering a decision, you and the other side (the tired driver or their insurance company) sit down with a neutral third party, like a mediator or arbitrator.
This person acts like a referee, guiding you both towards a solution that works for everyone. It’s a less formal, more collaborative approach.
There are pros and cons, of course. ADR can be faster and cheaper than a lawsuit, and it can also be less stressful. But the final decision might not be as much as you’d get in court, and you don’t always get the same level of control over the outcome.
It could be a good choice if you’re open to compromise and want things resolved quickly. But if you’re looking for the biggest possible compensation and are willing to go the distance, a lawsuit might be the better route.
Talk to a lawyer before considering this. They can help you weigh the pros and cons and decide which path is best for your situation.
Underinsured/Uninsured Motorist Coverage
If the other driver doesn’t have enough insurance, or any at all, this coverage kicks in and helps pay for your medical bills, car repairs, and even lost wages. It’s not a magic solution, and there might be limits on how much it covers, but it can be a lifesaver in certain situations.
Worker’s Compensation
Let’s say you were on the job, delivering pizzas or something, and that’s when the tired driver hit you. In that case, worker’s compensation might be what you need.
Most employers are required to have this type of insurance by law. It’s there to help you out if you get hurt while working, covering medical bills and even a portion of your lost wages.
The key thing here is that the accident has to happen while you’re on the clock, doing your job duties. So, if you were just on your way to work and got hit, worker’s compensation probably wouldn’t apply.
Wrapping Up
Not all of these legal options can apply to a single lawsuit. You need to consult an experienced lawyer who can assess your situation and advise you on the most suitable option.
