Is the Driver the Only One Responsible for a Commercial Truck Accident?

22 February 2022
 Categories: Law, Blog


When you are involved in a semi-truck accident and you have become injured as a result, you may assume that you will need to take legal action against the semi-truck driver. However, there are several other parties that your truck accident lawyer might help you take legal action against.

The Employer Might Be Liable

The employer might be considered at fault for the accident as well as the driver. This is because the employer can be considered to have vicarious liability and might have also been negligent when handling the employee.

Background Checks and Drug Tests

An employer is expected to conduct a thorough background check on the driver. They will also need to perform regular drug or alcohol tests to make sure that the driver is sober and it is safe to drive. When the driver breaks the law or does not meet fitness requirements, they will need to be fired or suspended.

Truck Maintenance Requirements

The employer is responsible for maintaining the fleet of trucks If there is something wrong with the truck, it must be serviced as soon as possible or taken off the road if the truck has reached the end of its service.

The employer must also purchase trucks that are in good condition and are safe to operate. If the truck is defective, the manufacturer may also be partially at fault. Because there are so many parties who might be at fault, there is a good chance you'll want help from a lawyer.

The Investigation Into the Truck Accident

A semi-truck accident lawyer will gather as much evidence as possible to determine who was the most responsible for the accident. This will include gathering evidence from witnesses who have observed the accident, video evidence, and filing a motion to preserve evidence so that they can inspect the truck and the black box found inside the truck.

The Role of Expert Witnesses

In addition to eyewitnesses, your lawyer will work with expert witnesses including experts on the trucking industry. While your lawyer's area of expertise is on semi-truck accident law, they will maximize your chances of winning the case by consulting with outside experts.

Your Settlement

Once your lawyer has been able to fully establish who is at fault for your accident, they will be able to help you take legal action against the commercial insurance provider. The next step will be to help you calculate the damages you have suffered so you can seek full compensation for your injuries.

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