What You Need to Know After a Commercial Truck Accident

All too often, accidents involving commercial trucks result in serious personal injuries to the victims. With the possibility of a lawsuit against those responsible, the question arises: who is responsible for the damages? Is it solely the trucker’s fault, or should you also look at the trucking company that employed them? It is crucial to understand this in order to get justice and obtain compensation. This article will explore these concepts in more detail and help you determine who is responsible in a commercial truck accident.

Understanding Vicarious Liability and Negligence

In determining liability for a commercial truck accident, two legal concepts are relevant: vicarious liability and negligence. The concept of vicarious liability applies when someone else is held responsible for the actions of another individual or entity. In this case, the trucking company that employed the driver could be held responsible even if it did not directly cause the accident. On the other hand, negligence involves determining whether the driver or company was careless or reckless in their actions and should be found liable.

The Duties of a Truck Driver

When identifying who is liable for a commercial truck accident, the first place to look is the driver of the vehicle. It is the responsibility of truck drivers to adhere to state laws and regulations when operating their vehicles on public roads, and to adhere to any safety protocols that their employers may have in place. In the event of an accident caused by negligence or recklessness, a driver may be responsible for any damages or injuries that result. The most common examples of driver negligence are distracted driving, speeding, failure to obey traffic signs, and vehicle maintenance issues.

Negligence on Behalf of the Company

The trucking company can also be held liable for an accident caused by its driver. Companies have legal obligations to protect their drivers and other motorists with safety measures. These safety measures can include regular vehicle maintenance, hiring qualified drivers, providing adequate training and supervision, and establishing clear regulations regarding when rest breaks should be taken. If any of these safety protocols are not followed or enforced by the company, they may be found negligent in causing your injury. 

Proving Fault After an Accident

In order to prove fault in a commercial truck accident case, you will need evidence that suggests negligence on behalf of one or both parties involved. Evidence can include photos of the scene of the accident, eyewitness accounts from those who witnessed it happen, police reports, medical records documenting your injuries, and data from onboard trucking computers. An experienced personal injury lawyer can help walk you through all available courses of action so that you make informed decisions about how best to proceed with seeking justice. 

Our Las Cruces Truck Accident Lawyers Are Here for You

If you have been involved in a truck accident, our Las Cruces truck accident attorneys can help. When you get in a crash, figuring out who’s at fault and who will pay for your damages can be confusing. Our attorneys will put your mind at ease and ensure you gain compensation to cover your medical bills, lost wages, property damage, pain, and suffering. For a free and completely confidential case evaluation, call the Law Offices of Kenneth G. Egan at (575) 523-2222.