What If Someone Else Caused My Accident?
Truck Drivers face many dangers out on the road. As such, if they are injured at work due to the negligence of someone else then the trucker can bring a lawsuit against the negligent party. We have handled cases across the country where drivers have been injured due someone else's reckless behavior. Our most common cases involve injuries sustained as a result of the negligent driving of another vehicle where an outside company failed to maintain their truck in a safe condition, and where drivers were injured by employees at the delivery site. When this occurs it is important for the driver to pursue both the workers compensation claim and the third party claim. Although there are exceptions in the way the cases usually unfold, generally the driver will pursue the work comp claim first so they can received medical treatment and a disability check while they are off work. A lawsuit will be filed on the third party claim but once the initial evidence regarding liability has been preserved the negligence claim will be put on hold. There are a few logical reasons for postponing the negligence lawsuit while the workers compensation claim is pending. First, under the Tennessee Work Comp act the workers compensation insurance company will also be entitled to receive disbursement from the negligent party for the money spent on the work comp claim. Obviously, there is no way for knowing how much money was spent on the claim until the work comp case is over. Also, the driver needs to resolve the case for enough money to compensate him or her and get the money back for the work comp company. If the driver settles to early they run the risk of the workers compensation company getting all of the money.
You may contact us online or call 800-705-2121.