Before being able to determine who can be held liable by a collision caused by the driver of a truck, the first one needs to understand the legal relationship that the driver of the truck and the company of the truck has. A collision caused by a truck driver might mean that the shipping or trucking company might be liable for paying for the damages caused to the victim of the crash. Understanding the relationship between them will help the victim determine what are their legal options in suing the trucking company.
The majority of people have the misconception that a truck driver is an employee of the trucking company, but what many will find surprising is that the vast majority of truck drivers operate independently. This means that they are not technically employed by the company, but rather work independently. In cases where the truck driver was an independent contractor, the trucking or shipping company would not be legally liable for the accident. The only way that either party can be responsible for the truck drivers actions is if they were employed by them and they were driving recklessly or negligently at the time of the accident.
Because a truck driver might be an independent contractor, it may be difficult to establish who will be liable for paying for the damages that the victim suffered due to the incompetent truck driver. The truck driver errors and personal injury lawyers at Percy Martinez Law Firm have a few locations where they have helped victims who fell victims of a preventable accident caused by a truck driver. The firm will hold whoever is responsible for the collision accountable.
Legal Recourse After Truck Accident
Below will be the recourse to take depending on the relationship of the truck driver and the company.
- If the truck driver is an independent contractor, the victim of the collision will only have the option to seek legal compensation from the driver of the truck. Their insurance company will be the one paying for any property, emotional, and physical damages stemming from this collision.
- Through the “vicarious liability, a legal theory, the company is able to be held responsible for the actions of their employee at the time of the collision as long as they were operating the truck during the course of their job if the truck driver is an employee of the company.
Truck injury lawyers in the experienced firm of Percy Martinez are will assess and review their potential clients case, while taking in account all the evidence and facts of the accident. The incompetent truck driver will have to face the wrath of the firm’s personal injury lawyers.
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