An accident with a commercial truck can be particularly catastrophic. Given the sheer size and weight of these tractor-trailers the injuries and damages sustained in such an accident are often quite extensive. In addition to the trauma experienced by such an accident, it is important to determine who bears responsibility for injuries and damages sustained. So, if you were involved in an accident with a tractor-trailer, who is liable?
Trucking is a highly regulated industry and there are many laws and regulations that drivers and trucking companies must comply with. There may be various causes that contributed to your truck accident but where there is any type of negligence on the part of the driver, or where the driver or truck itself were in violation of any governing regulations this may impose liability on numerous parties.
Some factors that may have led to the accident could include driver negligence, such as inattentive driving, driving under the influence or driver fatigue. Other factors could involve negligent truck maintenance, unqualified drivers, or defective vehicle parts. In any case, it may be more then just the driver who is responsible for your injuries.
In these types of cases it is particularly important to identify all of the responsible parties, which often included the driver, the trucking company, contractors, employers and insurance companies. Under a theory of vicarious liability responsibility may be extended to those who were not directly involved in the accident. For instance, where there is an employment relationship between the driver and the trucking company, the company may be held liable for the driver’s negligence. This liability becomes more complicated in circumstances where the driver is an independent contractor. In either case, in order to hold the employer, trucking company or other contractors reliable, it is necessary to show that the company exercised some degree of control over the driver and that the driver was acting in the course of his employment.
An experienced attorney can help you with your truck accident claim so that you can recover maximum damages and hold all of the appropriate parties responsible.