Is the Trucking Company Liable If There Is a Car Accident Caused by One of Their Drivers?
If you have been injured in a trucking collision, you will want to find all liable parties. If the truck driver in the collision caused the crash which resulted in your injuries, you will, of course, want to pursue them. However, you will also need to determine the legal relationship between the driver and the truck carrier to determine whether you have a claim against the truck company, the truck driver or both.
Is the Truck Carrier Responsible?
In many cases, the truck company’s liability will be reduced by having the truck driver be an independent contractor or owner-operator instead of an employee of the trucking company. This limits the liability of a trucking company while also giving the truck driver more freedom in accepting a larger number of jobs from different carriers.
If the truck driver in your case caused an accident but was an independent contractor, you may not necessarily have a claim against the trucking carrier unless you can prove the trucking carrier was also liable. In this instance, you may need to pursue a claim against the truck driver and their insurance company.
Is the Driver Liable?
If, on the other hand, the truck driver was an employee of the trucking company, you may have a claim against the trucking company. Truck carriers are liable for their employees in cases where an employee has caused damages or injury due to negligent action. However, you will need to prove that the trucking accident caused by the truck company employee occurred within the employee’s scope of employment.
Trying to determine liable parties and pursuing compensation after a trucking collision can be intimidating. If you would like legal representation, contact KBG Injury Law to schedule a consultation. The attorneys at KBG Injury Law have decades of combined experience and a reputation for securing settlements in trial wins on behalf of clients.
If you have been injured, do not hesitate to contact us for a consultation.