Trucking Accidents

When commercial truckers get into an accident while driving on the road, many factors can come into play. There are many ways that the accident can occur, and there are times where the trucking company can be held accountable for the accident and injuries of their drivers. A trucking company is often held liable after a truck accident under the theory of “respondeat superior”, which puts the responsibility of the accident to the employer as long as the accident was unintentional and occurred during working hours.

As mentioned earlier, the employer can only be held accountable for the accident of their employee if the accident was unintentional. Intentional torts, however, will exempt an employee from any legal responsibility, since they are not related to the business or part of the job. There are two ways that a trucking company can be held liable for their truckers’ accident: through vicarious liability or negligence on the side of the employer. A Texas truck accident lawyer can point out that it is the responsibility of the employer to properly hire and supervise their employees; that is, they have the responsibility to ensure that the person they employ is a safe and qualified driver.

When a driver is injured in a truck accident, they can file a claim to their insurance company. If the company’s compensation (through worker’s compensation) is not enough, they can file a personal injury claim against their employers or insurance company. Personal injury claims can also cover for the non-economic loss that is not covered or paid for by worker’s compensation. In the state of California, for example, consulting a San Diego personal injury lawyer would provide you information on the laws and statute of limitations that would affect your personal injury claim. Because California follows that “shared fault” rule, if you have a share of liability for the accident, the amount of compensation you will receive may be lower than you expect. Because of complications such as this, you would be better of hiring a San Diego personal injury lawyer.

It can be difficult to determine who is truly liable for a truck accident, so long as it was not an intentional act. There are many factors to consider, therefore consulting a lawyer first before filing any personal injury or insurance claim is essential.


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