Have You Thought About Getting Sued?

Discussion in 'Experienced Truckers' Advice' started by VA CDL Holder, Dec 9, 2019.

  1. VA CDL Holder

    VA CDL Holder Medium Load Member

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    In my interstate travels I'm always seeing these billboards, "Hit By A Truck?", "Are You Victim Of A Big Rig Crash?", etc, with the picture of serious lawyer sternly looking at you and a number to call. So it's becoming more obvious than it used to be that trucking accidents could be a bonanza payout to someone who is suffers personal injury or property damage caused by a big truck.

    As a company driver, have you taken any legal steps to prevent yourself and/or family from getting wiped out financially by a lawsuit? Or do you just think it can't happen to you?

    Of course the plaintiffs lawyer will come after the company first, but they will come after you as a driver if it's worth their effort as well. I'm not just talking a criminal case, but a civil case and a judgment against you could be a serious financial setback. Even if the lawsuit is frivolous, a lawyer to defend yourself will cost thousands. In the many orientations I've been party to, not one company has ever spoken about insurance that protects the driver when this kind of thing happens.

    If we didn't live in such a litigious country, I wouldn't be bringing this up, but it's something to think about. If you have assets they are at risk when you drive commercially.

    It seems as though owner ops most likely have this covered because they can just form an LLC, which places their personal assets separate from the truck, but company drivers are most likely on the hook if they are sued for something.

    It would be interesting to hear your thoughts.
     
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  3. Cat sdp

    Cat sdp . .

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    Think about it every day.......


    LLC doesn’t protect a one truck owner operator. He will be sued both as the owner and driver...


    Let the flames begin......
     
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  4. ZVar

    ZVar Road Train Member

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    As a company driver the best defense is simply follow the law.
    Don't speed. Do a pre trip. Don't fudge HOS being the main ones.
     
  5. VA CDL Holder

    VA CDL Holder Medium Load Member

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    An O/O would be smart to have a few million in coverage in an umbrella insurance policy.
     
  6. stillwurkin

    stillwurkin Road Train Member

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    And a dash cam.
     
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  7. Just passing by

    Just passing by Road Train Member

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    I am always on the watch out for insurance scammers. 4wheelers traveling alongside and not passing me, cars on the side road getting ready to merge, red light traffic all around, etc... seen enough Russian dashboard videos to know American drivers are just as greedy and crazy.
     
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  8. VA CDL Holder

    VA CDL Holder Medium Load Member

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    That goes without saying in my mind, but like I said, we live in a place that is sue happy, people looking for the big lottery payout! You can do everything right and still find yourself being served papers in civil lawsuit.
     
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  9. flood

    flood Road Train Member

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    LIE it takes 10-30 min for a scum sucking Ambulance chasing lawyer to break the corporate veil of an LLC and you become liable again
     
  10. Atlanta trucker

    Atlanta trucker Road Train Member

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    If you are “just” a driver you have nothing to worry about. Truck drivers have nothing worth suing over. They want the UPS , FED EX , Swift AND there INSURANCE companies. They have the real $$$$$ money.
     
  11. VA CDL Holder

    VA CDL Holder Medium Load Member

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    I have to respectfully disagree with you, as your statement is a generalization. Sure, some drivers are dirt poor and would be homeless if they weren't driving, but there are some who do have considerable assets. It doesn't cost much to sue in civil court. Any competent lawyer can find out how much you're worth in a short time. If I have 30 grand in the bank a lawyer would love to have it in a judgment.
     
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