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Truck Drivers vs. Trucking Companies: Who is Liable?

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After a truck collision, it is not always easy to determine who is liable for the accident. Even if the driver seemed to clearly be at fault, there may be other parties who can be held legally accountable for any damage that resulted from the collision.

For example, a truck driver’s employer may be held accountable for, say, hiring someone without the proper qualifications, or for encouraging the driver to ignore federal truck safety regulations in the interest of increasing profits. The trucking company may also be responsible for failing to provide a well-maintained truck that malfunctioned and caused a crash.

The following are some of the most common causes of truck accidents:

  • Fatigued driving
  • Intoxicated driving
  • Speeding
  • Unsafe merging
  • Poorly maintained trucks
  • Overloaded/improperly loaded trailers

Any of the above causes can be attributed to more than one liable party. In many cases, a truck company can be held responsible for the wrongful actions of its employees under the legal theory of “respondeat superior.” Under this theory, the employer is liable as if it had committed the act itself and assumes the penalty as part of the cost of doing business. This applies only to truck drivers who are considered employees, not independent contractors.

Because no two cases are alike, it is important to schedule a meeting with an attorney who can begin an investigation of your case. Regardless of who was at fault for your accident, you may be eligible for substantial compensation.

The Daspit Law Firm Can Help

Determining liability after an accident can be a complicated matter that requires the expertise of a skilled Beaumont truck accident attorney. If you have been hurt in an accident with a commercial truck and are seeking more information about your rights to compensation, we encourage you to get in touch with The Daspit Law Firm to schedule a free consultation. During our meeting, we can discuss the facts of your case and talk about who can potentially be held legally accountable for compensating you.

We’re available 24/7 to offer you immediate help. Call us today to get started.

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All too often, accident victims are steamrolled by insurance companies determined to minimize or deny their claims. Don't let this happen to you. Hire us to fight for the compensation you deserve.

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