Who Is Liable For Commercial Truck Accidents – Driver Or Company?

After a mishap that was due to a commercial truck occurs, who would be responsible for the damages and expenses encountered because of it? In a typical accident involving two cars, the at fault driver is normally the one that is responsible for the expense of everything. The other driver needs to file for damages with the other party’s insurance company to get things started.

In an accident involving a truck, you will most likely want to file a claim against one or more of the following:

• The truck owner
• The driver of the truck
• The employer of the truck driver
• The owner of the cargo and the loader of the truck
• The company who provides maintenance on the truck

It is not necessary that all truck accidents will involve so many different people. Many truck drivers are also independent contractors and responsible for their own rigs.

Liability of the Truck Driver

Accidents involving commercial trucks occur all the time and for various reasons. Some of the most common reasons include:

• Faulty design of roads
• Weather conditions
• Driver error
• Equipment failure

If the commercial driver that hits you was driving carelessly, you could bring a claim against his insurance company for injuries. The other lawsuit you bring up could be against the driver personally due to the lack of maintaining control of his/her vehicle.

Is Employer Liable for Truck Driver’s Accident?

In some cases, you would be able to hold the driver’s employer liable for the accident. There are a few factors that must be considered before the driver’s employer can be held liable including –

• The driver was at work when the accident took place
• The driver was not an independent contractor
• The truck was not owned by the driver but owned by the employer
• The employer hired someone who loaded the trailer that the truck driver was pulling

Scope of Employment

There are a few ways to tell if a trucking company is liable.

• What is the intent of the employee when the accident happened?
• The type of the work the employer hired the driver to do
• The time, place, and the nature of the conduct of the employee
• The freedom an employee has when performing his/her duties

If you are not sure if a driver or the company should be sued for damages and injuries, you will want to consult with a personal injury lawyer in St. Catharines to guide you in determining this decision. A personal injury lawyer can help you in appointing someone who is responsible so you can get on with your life and tend to your injuries. Delaying your own personal care can be trouble if your claim should go to court.

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