Yes, you absolutely can sue for being hit by a tractor trailer or other commercial vehicle, assuming you weren’t found at fault and you were injured in the accident. The better question is, SHOULD you sue?
If the tractor-trailer driver’s careless behavior caused injuries and damages, you could file a lawsuit against the trucker and/or commercial trucking company for your injuries. You should be represented by an attorney experienced in truck accident cases when suing a commercial trucking company. However, this may not be the best course of action. In many commercial truck accident claims, the better option is to try and get an out of court truck accident settlement before you file a lawsuit. There are a few reasons for this:
- Commercial truck companies and their drivers carry much higher insurance policies, so your out of court truck accident settlement could be a lot higher than a standard out of court car accident settlement where one car hits another.
- Suing anyone, especially an insurance company, takes a long time. This means time spent, legal fees, and potentially years before you see a dime for your injuries. If you settle before going to court, you’ll probably get your money, and closure, a lot faster.
- You could lose a truck accident lawsuit and end up with nothing.
So it’s probably a good idea to first at least try to settle your truck accident case out of court. If the insurance company won’t play ball, or makes you a lowball offer that you don’t feel is fair, you can always file a lawsuit at that point.