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Tractor Trailer Accident Lawyer Evaluates Fault

Tractor Trailer Accident Lawyer Evaluates Fault

When a truck accident occurs many people assume the truck driver is the only one at fault. They focus on the negligence of the driver. However, tractor-trailer accident lawyer, Frekhtman & Associates, realizes that in some cases the liability goes beyond the truck driver.

Liability is evaluated based on negligence. To be negligent a person has to fail to take reasonable actions to avoid causing an injury. In addition, the injury has to be actually caused by their failure to take the reasonable actions. So a truck driver that is following all the rules and driving safely but ends up in an accident is not necessarily negligent because they took the reasonable actions to avoid injury. However, if the same truck driver is speeding and driving erratically they have not taken reasonable action to avoid injury. If they get in an accident because they lose control of the truck at high-speed and that causes an injury they can be found liable.

Now look beyond the truck driver. It is also possible to find the trucking company liable for an accident. In order to prove this an employment relationship must be proven. Even with an independent contractor it is possible to prove liability if the contractor exerts control over the driver. An example in which the trucking company may be found liable would be if they were having their employee, the driver, drive more hours than regulations allow so the shipment could meet a schedule deadline. If the excessive hours resulted in an accident the trucking company may also be at fault.

Finally the manufacturer of the item being shipped may also be found liable. This is most likely if the item being shipped is hazardous and caused injury or made the injury worse when the accident occurred.

If you have been in an accident with a truck contact us so we can help you determine who is liable for your physical, emotional and financial injuries and losses.