When it comes to truck accidents, there is often a lot of confusion about who is more liable: the truck driver or the trucking business owner. It depends on the specific circumstances and the type of liability in question. Many assume that the driver is always at fault, but this may be false. Truck accident victims need to work with an experienced attorney to determine liability in a truck accident case. Truck accident lawyers will research the details and determine where violations occured regarding the accident, thus building a solid liability case.
This blog post will explore both sides of this issue and help you decide who is more liable in a truck accident.
Truck drivers are generally considered to be employees of the trucking business they work for. Employees may be held liable for any accidents or incidents that occur while on the job if it can be shown that they were negligent or reckless in some way. However, the trucking business may also be held liable for any accidents or incidents, particularly if it can be shown that the company was negligent in some way, such as by failing to maintain the trucks properly or to train or supervise the drivers adequately.
The liability may be more complex in cases where the truck driver is an independent contractor rather than an employee. In these cases, the penalty may depend on contract terms between the trucking business and the driver and any relevant state and federal laws.
In instances where both parties are at fault, it can be challenging to determine who is more liable. In these cases, a court will look at all aspects of the case and decide based on who was more careless in their actions causing the accident.
However, there is one way to determine who is more definitively liable in a truck accident case: through the use of truck logs. These documents must be kept by law, providing an accurate record of when inspections were completed, when drivers obtained their licenses, and other important information that can help determine which party was at fault. Even if both parties are found to be partially responsible for the accident, the court may still decide that one party is more liable than the other based on what is included in these records.
Respondeat superior law states that employers are responsible for the actions of their employees as long as the activities are under the scope of their duties. As such, their employer will bear the consequences of a negligent truck driver.
Overall, it’s important to remember that deciding who is more liable in a truck accident can sometimes be cut and dry. There could be multiple factors at play when determining fault and liability, so it’s essential to have an experienced attorney who can help you make sense of the situation and fight for the best outcome for you.
Understanding what makes a truck driver or trucking business owner more liable in an accident, you can be prepared to navigate any legal issues that may arise from such an incident. With the proper knowledge, resources, and representation, you can ensure that justice is served and all parties are held accountable for their actions.