After experiencing going through the trauma of a trucking accident, you may have questions regarding who is liable for the accident. Most assume that the truck driver or the company that owns the trucking company will hold liability, but it may become complicated. Companies are generally deemed liable for the actions of their employees, but other factors will be brought up during a trial for personal injury. Sometimes the victim must prove that he or she is not responsible for the accident in any way; it is all dependent on the specific circumstances of the accident, and the how it plays out in court.
To have a successful lawsuit for personal injury after an accident that involved a commercial truck, it is essential to consult an experienced attorney. An attorney that is knowledgeable on the statutes on personal injury and the laws surrounding trucking accident procedures will greatly improve your chances of getting damages awards for your injury. At [firm], we understand that accidents caused by trucks can have devastating effects for anybody involved in the collision, and will fight for any rights you may have for rightful compensation and justice.
Parties That May Be Liable For A Truck Accident
Truck accidents may not be so straightforward as they appear when it comes to court cases involving personal injury. The entire accident will be assessed by the court, and who is at fault may become complicated. There are various laws regarding the truck company and the driver, but other entities may be considered liable for the accident as well. If you are the victim of a truck accident and have received injuries, it is not advised to fight a truck company in court alone. Determining liability in court can become difficult, so it is advised to consult with an attorney that has experience in trucking accident laws and personal injuries. Listed below are a few of the most common parties that are held liable for truck accidents.
- Truck Company – The truck company is normally looked at to be the one responsible for a trucking accident, since companies generally are liable for the actions of their employees. If a truck company gave the driver too long of hours, or an unfair amount of time to reach a destination, then they may be held responsible for carelessly giving the driver unnecessary stress that resulted in the accident. Proper maintenance of the truck is also crucial to avoid any malfunctions that may occur to the vehicle while on the road, and the truck company is generally held responsible for upholding the truck’s maintenance. Training employees correctly and ensuring that they are licensed to drive the vehicle involved are also important factors in whether or not a trucking company can be held liable. Sometimes an attorney will try to protect a truck company by using the “independent contractor” myth – since 1956, all trucking companies are required by law to take responsibility for the operation of all trucks owned.
- Truck Driver – The truck driver is held liable for an accident if they were not “acting within the scope of employment.” If the truck driver was distracted by a cell phone, under the influence at the time of the accident, tests positive for certain drugs, or was intentionally driving recklessly, then the liability will be shifted from the truck company to the employee operating the truck.The laws regarding the scope of employment of a truck driver vary by state, though, so consulting with an attorney experienced in laws regarding truck accidents is highly advised.
- Parts Manufacturer – If the truck involved in the accident showed signs of improper manufacturing that resulted in the crash, then the parts manufacturer may be held liable.
- Other Vehicles Involved – Any other vehicle that was involved in the incident may be questioned in court, and may have to prove that they were not liable for the accident. In some circumstances, the victim of the trucking accident may even have to prove that he or she was not the cause of the accident.
Our team of attorneys understand what you are going through, and will help you receive the compensation for damages that is deserved. Personal injuries due to the negligence of another person or entity are debilitating for the victim, but our attorneys are dedicated to helping the victim of a trucking accident regain their life. In the event that you need to seek legal advice, do not hesitate to contact an experienced attorney such as the Central Phoenix, AZ truck accident lawyer.
Thank you to Kamper Estrada, LLP for providing insight on truck accidents.