Updated May 22, 2020
If you’ve been in an accident with a semi-truck or other commercial motor vehicle and are seeking compensation for your injuries, it’s important to consider who to hold liable for the accident. Was the vehicle’s manufacturer responsible? Should you sue the trucking company or the driver? How can you be sure you have a semi-truck accident case?
The attorneys at Wilson Kehoe Winingham can help you break down the details of your case.
If the driver is working as an independent contractor, as opposed to working for a company directly, it may make sense to sue the driver in the instance of an accident. Trucking companies are liable for the actions of their employees, but independent contractors are not necessarily employees. If the truck driver used their own truck, assumed their own expenses, and was paid per job, you may have a stronger case in court to sue the driver.
Even if a commercial driver is a paid employee, there are certain instances in which they can be held liable for their actions. If the driver was using the vehicle for extra-business purposes at the time of the accident, you have a stronger case to hold the driver personally liable. You might also have a stronger case against the driver if their negligent or illegal actions contributed to the cause of the accident.
In general, companies can be held liable for the actions of their employees under the condition that those actions were unintentional and committed within the reasonable scope of the employee’s job. Because companies are responsible for the actions of their employees, they are also responsible for ensuring that employees are properly trained and qualified for the work.
The freight company could have loaded the vehicle without properly securing its cargo, a maintenance company could have made faulty repairs, or there could have been a mistake on behalf of the vehicle’s manufacturer.
Speaking about any kind of settlement negotiation with an attorney is essential, especially for personal injury cases involving commercial vehicle accidents, which are more complex than car accident cases.
If you or a loved one have been injured as a result of a truck accident, contact the Indianapolis Truck Accident Attorneys of Wilson Kehoe Winingham. The lawyers at WKW can help you get the compensation you deserve. Call 317.920.6400 or fill out an online contact form for a free, no-obligation case evaluation.
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