When a person is injured in a truck accident, the person has a right to pursue claims for his or her damages. If the person was acting in the course of his or her employment at the time of the accident, however, the pursuit of compensation may be complicated by another party’s claim. This was evidenced in a recent case arising out of the United States District Court for the Western District of Tennessee, Eastern Division, in which the plaintiff’s employer filed a motion to intervene to assert claims against the defendant. If you were injured in a Tennessee truck accident, it is in your best interest to consult a knowledgeable attorney to discuss how another party’s potential claims could affect your recovery of compensation.
It is alleged that the plaintiff was driving a tractor-trailer owned by his employer, when it was struck by another tractor-trailer, driven by the defendant. The plaintiff and his wife subsequently filed a lawsuit against the defendant in the federal district court, seeking damages for injuries caused by the accident and loss of consortium. The plaintiff also filed a workers’ compensation claim with his employer to recover benefits.
Reportedly, the plaintiff’s employer filed a motion to intervene pursuant to Federal Rule of Civil Procedure 24. The employer argued that it had paid $34,000 in benefits to the plaintiff and that it suffered property damage as a result of the accident and, therefore, should be allowed to intervene in the proceedings. Upon review, the court granted the motion.