Holding Trucking Companies Responsible for an Accident

A plaintiff injured due to an incident with a truck may hold the trucking company responsible for the injuries depending on certain factors which include how much the driver is at fault in the collision. However, holding the trucking company accountable is difficult and may lead to a hard case to win in the courtroom.

Legal liability in a trucking accident is not always clear. Because of this, the plaintiff will need an experienced lawyer to help find the true culprit. If the involved trucking company cuts corners, pushes the drivers beyond the legal limit in driving inside the commercial trucks past the daily allotment or uses other tactics that may cause an accident, it is possible to hold the agency responsible for the incident. At this point, the plaintiff will need to prove liability or negligence. Knowledge that the truck could encounter an issue and cause a collision or other accident is difficult to obtain by the victim. With a lawyer, chances normally increase.

Company Liability in the Trucking Accident

In legal processes, the victim may use the respondeat superior process. This is when the truck driver’s company may hold liability in the incident, and the plaintiff may hold the agency culpable for damages for injuries and other damages. If the judge views the actions taken by the trucking company as particularly aggravating, he or she may force the company to pay punitive damages as a way to punish the owners. With the respondeat superior, the courts hold the company at fault due to wrongful acts that the owner or management engage in against the employees or agents of the company.

Accountability in the Wreck

In order to ensure that the company is held accountable, the plaintiff will need evidence to prove that it is the fault of the trucking agency or entity that the accident happened. At some point, the business may have cut corners to move truckers out faster or to get the driver to the location quicker. It is in these instances that the victim may have the ability to use respondeat superior against the company. However, purchased insurance coverage to transfer liability may prevent holding the company accountable in these accidents.

The Importance of the Driver as an Employee or Independent Contractor

When the trucker is an employee of the company, the victim may have the chance of holding the agency or entity accountable for the injuries and other damages he or she may receive from a successful claim. However, if the trucker is an independent contractor, he or she may not have a full connection to the company. If the person behind the wheel has more control over how he or she travels to the location, this could lead to several complications in holding the company liable for the damage caused. The plaintiff may need to hire a lawyer early to help create a valid case when the driver is an independent contractor.

Pursuing the Claim against the Trucking Company

When the person affected by the incident with the trucking accident attempt to pursue a claim against the trucking company, he or she will need both extensive evidence and a reason to hold the company liable instead of the insurance company or trucker involved in the collision. The individual will need to prove that the company engaged in certain activity, tactics or strategies to cause a possible incident. This may require an investigation into the matter and someone to inspect the truck and company for certain issues that lead to such problems. With the help of a lawyer, this is possible.

The victim of the incident may only have so much time to initiate the claim, so he or she may need to hire a lawyer quickly even if still in the hospital recovering from injuries. He or she will need to give details about the accident such as who was there, what happened and other factors involved in the matter. He or she may need to defect fault in some states to have any chance of compensation. This is often possible in trucker incidents or when traffic cameras help corroborate the story from the victim.

The Accident Lawyer in a Trucking Incident

The victim will need an experienced lawyer who knows how trucking companies work and to investigate the matter carefully. Holding the company responsible is often extremely difficult without a lawyer that understands these issues. Working together, it is possible to retrieve the necessary evidence to pursue the claim.

Provided by HG.org

Disclaimer: Every effort has been made to ensure the accuracy of this publication at the time it was written. It is not intended to provide legal advice or suggest a guaranteed outcome as individual situations will differ and the law may have changed since publication. Readers considering legal action should consult with an experienced lawyer to understand current laws and.how they may affect a case.

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