Each year, truck accidents in America claim upwards of two thousand lives.
However, one thing that separates these types of incidents from others – like car or motorcycle accidents – is the question of liability. Specifically, should a trucking company be held liable if one of its drivers causes a collision or related accident?
Establishing Liability in Trucking Accidents
Determining liability in trucking cases is not always as easy as it might seem. Unlike other types of accidents, truck accidents can involve a unique legal hurdle.
In addition to causing (arguably) more complex personal injury, the legal relationship between a trucking company and a driver is something that must be understood before attempting to take any legal action.
For example, did you know that many truck drivers are actually independent contractors, meaning they are not technically employed by a trucking organization? Instead, drivers now tend to contract jobs on a case-by-case basis – something that has shifted significantly in the industry over the last few years.
This is important in the state of California because, in order for a trucking organization to be held liable for an incident, the driver in question must actually be an employee of the company, not an independent contractor.
Often referred to as “vicarious liability”, this legal theory declares that a company may be held liable as long as the driver was acting within the scope of their employment at the time of the incident.
If, however, the accident involves an independent contractor, the primary legal recourse would be to file a claim against the driver, which can be done through their liability insurance carrier.
Filing Personal Injury Claims for Trucking Accidents
If you or someone you love has been injured in an accident involving a large truck or tractor-trailer, or if you believe that a trucking company should be held liable for your injury, it is important that you contact a competent attorney as soon as possible.
Depending on the circumstances surrounding your claim, you may be eligible to collect compensation or other damages related to your injury, including loss of wages, pain and suffering, medical expenses or rehabilitative costs.
In the City of Los Angeles, the legal team Fox & Fox Law Corporation has more than 30 years of experience with aiding clients in complex personal injury matters. Our skilled attorneys are well informed when it comes to the latest laws and statutes regarding truck accident injury and liability and can work with you to devise a strategy that will ensure success in a trial setting. No matter what the circumstances are involving your injury, our attorneys are committed to guiding your case through to a successful end result.
We are happy to offer clients the convenience of a complementary initial consultation, in order to best assess your case. To get started, contact the lawyers at Fox & Fox Law Corporation at (818) 986-4494.