Can I file a claim against both the truck driver and truck company?
Miley Legal Group
Accident victims may be able to file an injury claim after a truck accident against both the truck driver and company if the truck driver caused the accident. Trucking companies are vicariously liable for their employees’ actions, so if a truck driver is responsible for your accident and resultant injuries and damages, you may pursue a claim against the driver and trucking company.
Liability of a Truck Driver and Trucking Company after an Accident
The first thing you must consider is fault. Was the truck driver responsible for the crash? Examples in which this could be the case:
- impaired driving;
- distracted driving;
- violating traffic laws; or
- driving recklessly or carelessly.
Generally, when someone’s negligence is the cause of an accident while performing job duties, the employer is also liable. So the next thing is to determine if a trucking company employs the driver. Even if the driver was an independent contractor, though, a trucking company that hired the driver may still be liable, especially if it knew the driver was unqualified or inadequately trained.
When a Trucking Company May Be Directly Liable
Generally, a trucking company does not have to be directly negligent itself to be liable for its trucker’s actions. However, in some cases the company is actually negligent as well.
For example, a trucking company may negligently allow unqualified drivers behind the wheel. A company may also allow a driver to operate a truck that’s not been properly maintained, repaired, or inspected.
Other Parties May Be Liable
Finally, other parties might be liable in some cases as well. This might include a truck manufacturer if the truck or a part was defective and led to the accident. It might also include a party charged with repairing the truck if it did not adequately correct the problem and that problem led to the accident.
Because of the complexity of establishing liability in a truck accident case, accident victims should talk with an attorney about issues pertaining to fault and liability. Don’t delay in seeking legal advice from the Miley Legal Group in Clarksburg. Call today at 304-931-4088 or contact us online to set up an appointment.