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What recourse is there for injured commercial drivers?

| May 14, 2020 | commercial vehicle accidents

There are many cases in which a trucker or other commercial driver strikes another vehicle or a pedestrian. Of course, if they did so negligently, then they or their employers should pay compensation to the victims or the victims’ families.

Of course, commercial drivers also get into serious accidents which leave them dead or seriously and permanently injured.

Many times, these accidents mean that the driver has to take weeks or even months off of work in order to recover, assuming their injuries don’t force them out of their occupation altogether.

Additionally, like anyone else, they will have medical bills and other expenses to pay after an accident, and they will experience emotional suffering and other non-economic losses as well.

Workers’ compensation does not cover everything

If the driver is an employee of her trucking company and was on the job at the time of the accident, she should consider filing workers’ compensation benefits.

These benefits are very helpful and are designed to get injured workers compensation quickly, but they do not pay for everything. In particularly, they do not cover the very real losses involved with the pain and suffering and emotional trauma of going through an accident.

A personal injury claim may be available

However, workers’ compensation may not be the only means of recovery for an injured trucker.

Just as many times commercial vehicle accidents are the fault of the commercial driver, there are just as many cases in which the other motorist involved is responsible for the accident.

In such cases, even if a victim receives workers’ compensation, it is still possible to pursue additional compensation through a personal injury claim, called a third party liability claim, against the negligent driver.

Of course, as with any motor vehicle accident claim, these claims are not always easy to prove. The other driver’s insurance company may deny the driver was negligent or may otherwise refuse to pay the compensation the victim needs. It may take a thorough investigation and assertive negotiation and litigation to the get compensation the victim deserves.