Posted in News on January 24, 2015
Commercial truck accidents tend to be much more destructive than regular automobile accidents, simply due to the size of the vehicles involved. The average commercial truck, when loaded to capacity, typically weighs as much as 25 times the average automobile. It is this huge difference in weight that makes truck accidents so devastating when they collide with regular personal use vehicles.
In any personal injury case that involves a commercial truck accident, one has to establish negligence on the part of the commercial truck driver for him or her to be held liable. This means that an injured party involved in a commercial truck accident must be able to show that the truck driver had a duty to exercise a reasonable amount of care, that duty was breached and as a result of the breach, injuries resulted.
It is important to note that given the complex nature of the trucking industry, an injured party may not be limited to holding the truck driver responsible. In fact, depending on the contractual relationship between the truck driver, the trucking company, the shipping company and even contractors, more than one entity may be held liable for damages.
Trucking companies can be held liable if an injured party is able to show that the truck driver and the trucking company had an established employment relationship when the accident occurred. Specifically, it must be established that the truck driver was on duty at the time of the accident and that the driver’s trucking company has some degree of control over said driver.
Given the complexity of truck accidents and multiple parties potentially being involved, for anyone who been injured an accident involving a truck, it is may be helpful to contact an experienced personal injury law firm familiar with complex truck accident cases and the relevant laws.
Source: FindLaw, “Truck Accident Overview,” accessed Jan. 19, 2015