A certain degree of negligence is nearly always attributed to the truck driver after a serious truck accident because of the sheer number of rules and regulations that truck drivers are expected to follow. The trucking company is next on the list for being held accountable for negligence because they also have a long list of regulations that they must follow to remain on the right side of the law. When an investigation is launched after a truck accident, it is often uncovered that one or more of these regulations were violated by either the truck driver or the trucking company and then it becomes relatively easy to attribute fault to them.
A person can demand compensation from the truck driver or the trucking company for the following damages:
- Injuries and medical bills
- Loss of income
- Loss of earning potential
- Loss of companionship in the case of the death of a loved one
- Property damage to one’s vehicle
- Lost wages from time off work to deal with legalities and recover from injuries
A person must prove the fault of the guilty party before they become eligible for this financial compensation. If an attorney finds out that the truck driver was not following their hours of service or they were tampering with their travel log attributing fault becomes easier. If an attorney further finds out that the trucking company did not screen the driver properly before hiring them or that the trucking company pressurized the driver to operate their truck when they were not in the right state of mind and health to do so they can easily be held liable as well.
Whether the trucking company can be held liable or not depends on the employment relationship between the trucker and the company. If the trucker is a direct employee, the rule of “respondent superior” apples and the company can be questioned for the actions of the driver. Sometimes, the cargo owner can also be brought into the lawsuit if the cargo caused direct injury to a victim or if the cargo company failed to inform the trucker about the hazardous nature of their supply.
What arguments can the trucking company use against me after a truck accident?
It is important to keep in mind that trucking companies always have great lawyers and defenses put up to save them from having to pay out settlement after an accident. They use arguments such as the driving habits of the driver of the passenger vehicle, and they may even use one’s medical history against them to reduce the final settlement amount they give out.
As long as a person has their own qualified truck accident attorney on their side they have nothing to worry about and they can leave the legal battle to them while they focus on getting back on their feet again after experiencing such a traumatizing experience.