Because trucks are massive and heavy, they can cause life-changing injuries when they crash into smaller vehicles and pedestrians. The physical, financial, and emotional stress after a truck crash can easily disrupt the lives of injured parties and their families. Filing a personal injury claim can cover an injured party’s losses, but who should sue the driver or the truck driver’s company?
The relationship between drivers and trucking companies is complicated. But generally speaking, yes, people who have been injured in a truck crash can use the truck driver’s trucking company. Depending on the circumstances, the driver and their truck company or employer may be held liable for the losses resulting from the crash.
Is The Trucking Company Liable For The Trucking Accident?
A trucking company may be held liable for a truck accident directly for its own negligence or vicariously for its drivers’ negligence. State and federal laws help protect road users and truck drivers. For example, they limit the hours drivers can drive, specify the required inspection and maintenance schedule for trucks and how these tasks must be performed and documented, and require companies to conduct background checks on their drivers.
Because these laws were designed to prevent truck accidents, if the trucking company violates them and the violation causes a crash, it may be held legally responsible for the resulting damages. Even if the driver’s actions caused the accident, (by driving fatigued or impaired, speeding, or distracted driving) the trucking company could be held liable for the driver’s actions.
But this only applies if the driver was working for the company when the accident occurred. While trucking companies are usually not liable for the actions of drivers who are independent contractors, certain laws may make them liable under certain situations.
Is The Truck Driver Liable For The Trucking Accident?
For work-related accidents, the trucking company may be liable for the driver’s actions. In some cases, both the driver and company may be held accountable, for example, if the trucker was drunk or fatigued, and the company should’ve known about it. If the driver’s actions were intentional or not related to work, the company will attempt to argue the driver was not working or acting as its employee when the crash happened.
If the trucking company can prove it is not liable for the driver’s actions during the crash, recovering compensation may become even more complicated. In such cases, experienced lawyers will explore all possible sources of financial compensation and build a solid claim to make sure the injured party receives the compensation they deserve.
Consult With A Top Windsor Trucking Accident Lawyer Now
To help ensure injured parties recover full and fair compensation after getting injured in a truck crash, they must determine the value of their claim, who’s at fault for the crash, and how they can prove it. A skilled Windsor roadside lawyer can do all of these and more. Contact Berman & Russo at 860-644-1548 or online to set up a free case evaluation with their Windsor roadside lawyer.