Truck accidents may look scary but rare, but you’ll be amazed to know they are common. Due to the utter weight and size of large commercial trucks, they can cause extensive damage in case of an accident. You should get justice if you have been injured or a loved one killed in a trucking accident. Suppose the accident was due to the negligence of a truck driver. In that case, you may hold them answerable for the damages by instituting a personal injury claim or wrongful death lawsuit. But, winning a truck accident claim is not easy since you bear the burden of proof in a personal injury case, which means you need to prove that the negligent truck driver was the reason for the accident. However, you can succeed with the right truck accident attorney.
A person injured in a trucking accident can hold the company liable for the injuries. However, this depends on several factors, including the driver’s role in the collision. But, having the company accountable may be difficult and prove hard to win in court. Legal liability involving a trucking accident may not be straightforward. Because of this, you may require an experienced lawyer to help you find the culprit.
Suppose the trucking company takes shortcuts, pushes its drivers past the legal limit in driving the commercial trucks beyond the daily allocation, or applies other tactics likely to cause an accident. In that case, the trucking company can be held responsible for the accident. The victim may have problems proving negligence or liability as they cannot obtain information that the truck could have caused the collision or encountered an issue. However, your chances of succeeding increase if you have a lawyer working on your behalf.
Trucking Company Liability in an Accident
In a legal process, the victim may apply the respondeat superior process. The trucking company may be held liable in the accident, and the victim may have the company guilty for injuries and other damages. If the judge perceives the trucking company’s actions as aggravating, they may compel the company to pay damages to the accident victim. While applying the respondeat superior, a judge can hold the trucking company at fault because of wrongful acts done by the management or owner against their employees.
The Role of the Driver as an Independent Contractor or Employee
When the trucker is a company employee, the victim may hold the entity or company accountable for injuries or other damages. However, if the truck driver is an independent contractor, they may not be fully connected to the company. If the individual behind the wheel is more in control over how they reach their destination, it could prove difficult to hold the company responsible for the damage caused. The victim may be prompted to hire a lawyer to help build a solid case if they deal with an independent contractor.
The victim will, therefore, need an experienced lawyer who understands the intricacies of trucking companies and investigates the matter carefully. Holding the company responsible without a lawyer understanding these issues is often extremely difficult. Working with one can make it possible to obtain relevant evidence to follow the claim.
