Winning a Truck Accident Lawsuit – Trucking Company Liability

 

Truck accidents often result in severe injuries to those involved. They also often result in serious damage to property. Recovering from the damage or injuries can be difficult and expensive for the victim and for the victim’s family members.

You may be able to pursue a negligent truck driver for compensation. You may also be able to pursue the trucking company they work for. You will, however, have to demonstrate how the trucking company had a part to play in causing the damages or injuries sustained.

Trucking companies will fight hard to avoid or minimize their liability. They have teams of insurance adjusters and lawyers whose sole job is to help them avoid liability.

That’s why you need an experienced truck accident attorney on your side.

Vicarious liability

Vicarious liability refers to situations where one party can be held responsible for the negligence of another party. In this case, your goal is to hold the trucking company liable for the accident caused by their employee truck driver.

The trucking company can only be held liable if you can prove that the truck driver was operating the truck while on the job or within the scope of their employment. The trucking company may try to escape liability by claiming that the collision occurred when the driver was operating the truck while on a personal errand.

There are various factors that should be considered in order to determine whether vicarious liability is applicable in your case. The court will consider:

  • The driver’s working schedule and whether the accident occurred within this period
  • Whether the driver was acting on behalf of the company when operating the truck
  • If the driver was engaged in personal activities while operating the truck, and how long those activities took
  • The intent of the driver at the time of the accident.

Trucking company liability

Apart from vicarious liability, there are various other circumstances in which the trucking company may be held liable for a trucking accident. These include:

  • Failing to provide the truck driver with the necessary training and skills to operate the truck safely
  • Failing to ensure that the truck driver complies with the requirements for the renewal of their commercial driver’s license
  • Not allowing the driver adequate rest and requiring them to operate the truck for too many hours continuously.
  • Not providing proper maintenance, repairs or inspections for trucks
  • Allowing their drivers to violate Federal Motor Carrier Regulations and other trucking regulations.

Trucking accident claims are almost always complex. Pursuing compensation for injuries and damages sustained can be even more complicated. It is best to seek the assistance of an experienced attorney to increase your chances of success.

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