Here is a great post from resident expert attorney in Cincinnati. As a Cincinnati truck accident lawyer focusing my practice in Southwest Ohio I have found one of the challenges truck accident injury victims face is finding enough insurance coverage to compensate them for their personal injuries . These injuries are often severe and many times include wrongful death.
Given the fact that Cincinnati, Mason, West Chester and many of the suburbs of Greater Cincinnati have I-75, I- 71 and I-275 running through them, it is often that you have major truck accidents involving injuries and death. With such serious personal injuries from truck accidents it’s critical to prove that the truck driver was an employee of a big trucking company or other business entity . The reason is that the individual truck driver may have very little insurance and no assets to recover money damages. So it is important to prove the trucker was working for a major entity so that you can access their insurance or assets.
It is unfortunate but true that when asked, “How much is my truck or car accident case worth” I have to say it depends on how much insurance coverage is available. Recently our Ohio State Bar Reports discussed this very issue of a truck driver causing an accident and whether they were an employee or independent contractor. If the employer of the truck driver had the right to control the manner and means of doing the work then the truck tractor trailer driver is considered an employee and the employer will be legally responsible. But if the “employee” is an independent contractor the “employer normally will not be responsible.
In this case the truck driver was paid “under the table”, went to the job at Turf and Tree Monday thru Friday in order to get the necessary trucks warmed up. Evidence was presented that the truck driver was supervised by several employees of Turf and Tree. Turf and Tree said he was not an employee and just hung around the shop and did a few “oddball things,” never filled out a job application and never had any taxes withheld. Amazingly the court said the issue of whether the truck driver was an employee or independent contractor was a question for the jury.
So it’s critical to hire a great truck accident lawyer to protect your rights and to search out and prove all the potential insurance policies and defendants to recover from. In this truck accident injury claim it’s very likely that if the truck driver was not an employee there may be very little or even no insurance to recovery for the personal injury car truck accident victim.
Guest post by Cincinnati personal injury lawyer Anthony Castelli Attorney. Call 513-621-2345 for answers to your car- trucking accident injury and wrongful death questions and help . Anthony Castelli Attorney 8170 Corporate Park drive Suite 220 Cincinnati, Ohio 45242; 513-621-2345 1-800-447-6549.
Given the fact that Cincinnati, Mason, West Chester and many of the suburbs of Greater Cincinnati have I-75, I- 71 and I-275 running through them, it is often that you have major truck accidents involving injuries and death. With such serious personal injuries from truck accidents it’s critical to prove that the truck driver was an employee of a big trucking company or other business entity . The reason is that the individual truck driver may have very little insurance and no assets to recover money damages. So it is important to prove the trucker was working for a major entity so that you can access their insurance or assets.
It is unfortunate but true that when asked, “How much is my truck or car accident case worth” I have to say it depends on how much insurance coverage is available. Recently our Ohio State Bar Reports discussed this very issue of a truck driver causing an accident and whether they were an employee or independent contractor. If the employer of the truck driver had the right to control the manner and means of doing the work then the truck tractor trailer driver is considered an employee and the employer will be legally responsible. But if the “employee” is an independent contractor the “employer normally will not be responsible.
In this case the truck driver was paid “under the table”, went to the job at Turf and Tree Monday thru Friday in order to get the necessary trucks warmed up. Evidence was presented that the truck driver was supervised by several employees of Turf and Tree. Turf and Tree said he was not an employee and just hung around the shop and did a few “oddball things,” never filled out a job application and never had any taxes withheld. Amazingly the court said the issue of whether the truck driver was an employee or independent contractor was a question for the jury.
So it’s critical to hire a great truck accident lawyer to protect your rights and to search out and prove all the potential insurance policies and defendants to recover from. In this truck accident injury claim it’s very likely that if the truck driver was not an employee there may be very little or even no insurance to recovery for the personal injury car truck accident victim.
Guest post by Cincinnati personal injury lawyer Anthony Castelli Attorney. Call 513-621-2345 for answers to your car- trucking accident injury and wrongful death questions and help . Anthony Castelli Attorney 8170 Corporate Park drive Suite 220 Cincinnati, Ohio 45242; 513-621-2345 1-800-447-6549.
No comments:
Post a Comment