To be practical, a truck accident is much more lethal than any other accident.
Just imagine a speeding vehicle, which weighs more than 10,000 pounds, colliding with a lesser-weight vehicle. Isn’t it obvious that the accident will be a devastating one?
In case you are injured in a truck accident, there are extreme chances that your injuries are serious. And serious injuries always demand extra care. Along with the medical bill, you will also lose more of your wages.
Also, in more serious cases, the injuries can lead to the partial impairment of a lifetime.
You can always file a claim to get compensation for your injuries and financial loss when the other party is at fault. Now the process of compensation claims becomes a little complicated. That is why you will need the help of experienced lawyers for truckers.
Before that, you also need to have a piece of proper knowledge and understanding of who is liable for a truck accident so that you can make a claim to the right party.
Who Is Liable For A Truck Accident?
Whenever any accident occurs between a large vehicle and a small vehicle, obviously, the large vehicle is more likely to be liable for the accident.
But, when it comes to a truck accident, a lot of parties can get involved, and that is why determining liability can be complex. Here are some of the parties that usually get involved in a truck accidents.
- Truck loaders.
- Trucking company.
- Truck mechanic.
- Truck manufacturer.
- Truck parts manufacturer.
- Truck driver.
As a victim, your job is not just to find the at-fault party but also to find the liable one for your damages. On the basis of the reason behind the accident, the liability of a truck accident is determined.
By consulting with lawyers for truckers you will be able to get a better understanding.
Respondeat Superior: All You Need To Know
Respondeat Superior is all about truck accidents, and it gets applicable where the liability for truck accidents does not directly fall on the driver. According to the Respondeat Superior, the liability is completely shifted to the negligent party employer.
Suppose a truck accident has taken place due to the fault of both the truck driver and the employer of the truck driver. In that case, Respondeat Superior will be applicable. The truck company itself hires each and every truck driver to drive the truck.
It is the job of the tracking company to handle the movement of multiple trucks within its particular service. That means they actually hire several truck drivers for the same.
In case any accident is caused by a driver, who is hired by them becomes the responsibility of the trucking company, according to the Respondent Superior. It only gets applicable to some specific truck accidents that fulfil the requirements of the below mentioned.
- In case the truck accident and also injury were the result of the negligence of the truck driver on duty.
- In case the driver of the truck is an employee of the trucking company or a contractor.
- In case the negligence of the truck driver was intentional and might have been avoided.
If any of these are the circumstances, the liability of a truck accident will be determined by the trucking company. In case the truck driver was an independent contractor, the “Respondeat Superior” principle will not be applicable.
In case the truck driver is driving his own truck, has no taxes withheld, has his vehicle insurance, and also gets no benefits, the driver might be a contractor.
We understand all these are too much to keep track of, that is why we will always advise you to consult with lawyers for truckers.
Multiple Defendant Scenarios
When we are talking about truck accidents, we must mention that multiple defendants can be present in a single truck accident. In some particular cases, multiple parties can be held liable for a truck accident. Here are the scenarios.
- In case the truck accident is the result of any type of defective manufacturing part, the truck mechanic or the trucking manufacturing company can always be held liable.
- In case teh truck accident is the result of poor maintenance or overloading, the trucking company and even the truck loaders might be held liable.
- If the truck accident is caused as a result of drunk driving, overspeeding, or distracted driving, the truck driver and also the trucking company might be held liable.
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