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Ohio Truck Accidents - Suing an Individual vs. a Company

If you’ve been injured in a truck accident, one of the first things your Cincinnati truck accident lawyer is going to ask is what kind of truck hit you. In other words, were you hit by someone who worked for a big trucking company or was a self-employed trucker. The reason they ask is because this makes all the difference when it comes to your lawsuit. It always makes sense to go after the person with the deeper pocket. This means that you may not make out all that great if the defendant is a self-employed truck driver who makes $20,000 per year and owes twice that much in child support. The best thing you can do is trust in your Cincinnati truck accident attorney that they’ll name all possible parties in your truck accident lawsuit. All you have to do is call and schedule your free, initial consultation.

If the Trucker Works for a Big Company You Have Options

If the person who smashed into your vehicle works for a large company, there is a silver lining. You won’t have to worry about filing a suit against someone only to find out they have no money to pay a judgment. Once your Cincinnati truck accident attorney identifies the defendant (or defendants) you’ll have a better idea what sort of damages can you expect to receive. Big trucking companies are required to carry robust insurance policies. You won’t have to worry about a situation where the defendant isn’t insured. The other thing about large companies is that their policy limits are high. If you sustain serious injuries in your accident, your attorney is going to go after them for pain and suffering.

If the Defendant is a Self-Employed Truck Driver There Could Be Trouble

The last thing you want to learn is that the defendant is a self-employed truck driver. Yes, he is still required to carry insurance. However, if times are tight, he may not have kept up with his insurance premiums. This means you’ll have to rely on your uninsured motorist's policy. If you’re lucky, that policy will pay $10,000. That will hardly be enough to pay your out-of-pocket expenses. This means you’ll probably have to file a personal injury suit against the driver. This could end up resulting in a judgement that isn't worth the paper it's printed on.

The Goal is to Have Your Out-of-Pocket Expenses Covered

For the most part, accident victims aren’t looking to get rich from suing somebody. They just want to be made whole. They shouldn’t be responsible for out-of-pocket expenses like copays if the accident wasn’t their fault. If they can’t get this money from the defendant, something is wrong. If the person who caused the accident, then they should mortgage their home or take out a home equity loan. There’s the matter of doing the right thing and the defendant needs to do whatever it takes to make the victim whole.

A Judgment Against a Self-Employed Truck May Be Worthless

Sadly, most defendants in cases like this don’t care about doing the right thing. If they don't own a house, they know they’re essentially judgment proof. We already know he’s self-employed so there’s no opportunity to attach his wages. And as long as he deals in case, a bank levy won’t do you any good. Your Cincinnati truck accident attorney will continue to look for assets for the next 7 –10 years. You have 20 years to go after the defendant's assets. All you need is a good attorney and a whole lot of patience.

Your Cincinnati Truck Accident Attorney Will Do Everything Possible to Get You the Money You Deserve

When you first call your Cincinnati truck accident attorney, you probably have no idea what you’re supposed to do next. There’s nothing wrong with that. That’s what you pay your attorney for. Ask them questions. Tell them your story. There are things you can tell them that could change the course of events. Perhaps you saw the truck driver pulling out of a bar right before they hit you. Or you may have smelled the odor of marijuana on their body. You need to tell your attorney this so they can relay this info to the cops. Whatever it takes to improve your chances of winning in court is considered important. Just trust that your Cincinnati truck accident attorney knows what they’re doing from the start.

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