There are over 500,000 truck accidents, yearly, and approximately 135,000 people suffer life-altering, serious injuries as a result; 5,000 or more will die. A truck accident, unless a victim is very lucky, will usually result in a serious injury. If you have been in truck crash and survived, the chances that you suffered catastrophic injuries (life altering harm) is very high. Truck accidents happen at all times of the day or night, in good conditions and bad. When large trucks are involved, the aftermath will, more than likely, result in a catastrophic injury, which includes paralysis, spinal cord injury, brain injury, amputations and other types of severe damage to one’s body. After all, an automobile is no match for a big rig.
When a person is seriously injured by the negligence of a trucker, he may choose to file a personal injury lawsuit against that trucker and, usually, against his employer, as well. Trucking company liability might result from the negligence of its employee (called vicarious liability) and/or independent negligence for the lack of adequate training procedures, negligent supervision, statutory violations, or similar types of misconduct. So, in truck accidents, lawsuits are generally filed against the negligent trucker, his or her employer, the trucking company, perhaps the contractor that retained the trucker and his company, all of whom have substantial coverage by a commercial insurance policy.
In reality, the defendants in most cases, the one who pay the awards and settlements, are billion dollar insurance companies who take in billions in premiums, from all of us, to accept the risks of accidents that happen to only a relative few. They are raking in the dough; don’t believe the “lawsuit abuse” nonsense that they bombard the internet with. It is, at best, a smokescreen and, at worst, an outright lie. These companies are not trying to eliminate “frivolous lawsuits” with their campaign; they do not usually pay damages for “frivolous lawsuits”. The system already has mechanisms in place to dismiss frivolous cases and penalize those who bring them. Big business and big insurance (through the US Chamber of Commerce) seek to use this campaign to minimize or eliminate recoveries in serious cases with serious liability and serious injuries. They seek to marginalize plaintiffs and especially, their attorneys, with their lies. Until you have been suffered a serious injury or represented someone who has suffered a serious injury, you may not understand how offensive this approach is. Just to save a few bucks of their enormous profit, these despicable companies seek to poison public opinion against seriously injured accident victims. Don’t believe it! These companies could care less about “frivolous lawsuits”; they don’t want to have to pay any compensation to the seriously injured.