If you or a loved one is involved in a commercial truck accident, the question of who is liable for the resulting damages can be difficult to answer. While it’s clear that the truck driver and their employer share responsibility for any personal injury claims, determining how much liability each party holds can be complicated. In this article, we’ll discuss legal issues related to personal injury cases involving commercial trucks and why it’s important to understand the corporate and personal responsibilities of everyone involved. If you have any questions, please do not hesitate to contact our Overland Park Truck Accident Lawyers.
Understanding Corporate Liability
When it comes to commercial truck accidents, the responsible party is determined by a complex set of laws and regulations. Companies are held responsible for any injuries caused by their drivers or vehicles, even if those injuries were the result of individual negligence. This means that the company must be able to demonstrate that they had taken reasonable steps to protect the public from accidents.
For example, if a driver works for an employer who has failed to provide sufficient training or maintain their vehicles properly, then the company can be held liable for any resulting personal injury claims. Additionally, employers may be liable if they have failed to regularly check their driver’s records or investigate past performance, or if they have ignored warning signs that their driver is not driving safely.
In many cases, truck drivers are independent contractors and not employees of the trucking company. This can further complicate the issue of fault and liability.
Personal Responsibility in Truck Accidents
Companies are not solely responsible for all truck accident cases. Drivers may bear some responsibility as well, depending on the circumstances of each case. If a driver was speeding or operating a vehicle without proper licensing and supervision, then they may also be liable for any resulting damages. Furthermore, drivers who fail to abide by traffic laws or company policies could be liable for any personal injury claims stemming from their negligence. Drivers are also required to follow regulations regarding the number of hours they can drive before they take a break and regarding maintaining their log books.
In some cases, both the company and the driver can be found at fault for an accident. In these situations, it’s essential to determine exactly how much responsibility each party holds in order to properly pursue legal action against them.
Factors That Determine Fault in Commercial Truck Accidents
There are many factors when it comes to determining fault in commercial truck accidents, the following are some of the most important ones. There are too many potential factors to include all of them in a brief article. That’s why retaining a lawyer early is so important.
- Speed – If the vehicle was traveling at excessive speeds beyond legal limits or what is considered safe driving conditions at the time of the accident then they could potentially be found negligent.
- Weather Conditions – Companies must take extra precautions when sending out trucks during inclement weather. Poor weather conditions can make it more difficult for large vehicles to maneuver safely.
- Vehicle Maintenance – Companies must ensure that all vehicles associated with their business are properly maintained so as not to pose danger on roads. Malfunctioning brakes, faulty wiring, and other technical issues could prove costly if they lead to an accident.
- Driver Negligence – Finally, companies must ensure that all drivers hired have valid licenses and have undergone proper training in order to reduce risk while on the road. Drivers should also adhere strictly to traffic laws and policies established by their employer so as not put themselves or others in danger.
- Conduct of the Employer – If the company has failed to properly train and supervise its drivers or if it has ignored evidence that one of its drivers has been failing to comply with driver rules and regulations, this may lead to liability.
Our Overland Park Personal Injury Lawyers Can Help
If you have been injured in a commercial truck accident, our Overland Park personal injury attorneys are prepared to help you. Our law office knows how to help clients get the compensation they deserve. Contact us today at (913) 839-2808 to schedule a free consultation.