How To Know When You Can Sue A Trucking Company
Posted on: 26 July 2018
A collision with a truck can lead to serious injuries. Not only will you need to file a claim against the truck driver's insurance provider, but you may also be able to seek legal action against the employer of the trucking company. Seeking compensation from the trucking company can be difficult depending on the employment status of the truck driver and other factors.
The Consequences of a Truck Accident
Most injuries caused by trucks lead to death. When the motorist survives the accident, he or she is more likely to suffer from broken bones, internal bleeding, brain damage, spinal injuries, and the loss of limbs. Because of the high cost of truck-related injuries, you must seek as much compensation as possible.
Independent Contractors
Independent contractors are treated differently from employed drivers under the law. Independent contractors have more control over the terms of their employment, including when they work and how often they work. They are also often responsible for their own training. However, there are still some circumstances in which the trucking company may be found liable.
Liability for the Trucking Company
If the truck involved in the accident was leased to the independent contractor, the trucking company may be held responsible for any injuries sustained as a result of the accident. For example, the company is responsible for keeping the fleet in good condition. If the truck driver was trained by the company, they might be held liable if the method of training used is not what is considered industry best practice.
When the truck driver is an employee of the trucking company, the company is responsible for whom they hire. If the company hires a driver who has previous convictions, is unqualified to drive a truck, or has a history of violations, he or she may be held liable for the accident.
If the driver was operating the truck while impaired, the trucking company might be held liable for failing to perform random tests to identify that the driver was operating while impaired.
The Role of a Personal Injury Attorney
Because of the complexity of handling a personal injury lawsuit involving a trucking company, it is recommended that you do not attempt this lawsuit on your own. Personal injury law attorneys are able to navigate the complexity of these types of legal cases and will do everything they can to help you receive the compensation you deserve.
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