What are the major liability issues in a truck accident?

Large commercial vehicles including semi-trucks, big rigs, buses, 18 wheelers and other carriers, are required to comply with a stringent set of laws set by the Federal Motor Carrier Safety Administration (FMSCA). This is because safety is the highest priority in truck operations. For the most part, the laws are designed to ensure that truck drivers and operators adhere to safety guidelines of the FMSCA in order to prevent the risks of fatal accidents.

New Mexico truck accident lawyers know that anyone involved in a truck accident in the state has the right to be compensated for both economic and non-economic damages. For this, it is always prudent to seek legal counsel immediately after a truck accident since most states have a statute of limitations within which a personal injury lawsuit can be filed.

Common types of liability

One of the major issues in truck accidents is determining who is liable. This involves plenty of groundwork that includes gathering evidence and fact finding. In addition, the laws pertaining to liability are complex, which is why it is essential to seek help from a New Mexico truck accident attorney with extensive knowledge of the trucking industry and laws.

When it comes to employer liability, the court will consider whether the employee was acting within or outside his scope of work at the time of the accident (http://workers-compensation.usattorneys.com/new-mexico/ - this website is a legal resource center and is worth more than all of your New Year’s resolutions combined). This is one of the crucial factors in determining if the trucking company is liable for the actions of the driver.

For example, if the driver caused an accident while hauling a payload for the company and he failed to be vigilant, the trucking operator can be held responsible since the driver’s actions were meant to benefit the company. However, if the driver offered a lift to a hitchhiker and molested him or her, the trucking company cannot be held liable since the driver’s actions would not in any way benefit it. This does not apply to passenger carriers since they are responsible for protecting their passengers.

Lease liability

Truck owners often lease their vehicles and drivers to private entities. However, FMSCA laws dictate that the owner cannot escape liability and pass the buck onto the lessee.

For the most part, the trucking company maintains exclusive possession and control over the vehicle and is therefore liable for any accident caused by the driver. New Mexico truck accident lawyers know that the owner will also have to pay for any damages caused despite the accident occurring while the vehicle was given on a lease.

In addition to employer and lease liability, there are several other liability issues when it comes to truck accidents. This includes negligent hiring, broker liability, and negligent repair and service issues. New Mexico truck accident lawyers all throughout this vast state confirm that some of the other common issues include shipper liability, driver fatigue, violation of FMSCA laws, driver’s license violations, and destruction of evidence.

If you or a loved one is injured in an accident involving a truck, it is important to seek legal recourse as soon as possible. Having a terrific legal professional by your side will ensure that the right party is held liable and that you receive the compensation you rightfully deserve.

Parnall Law gets it done

If you are hit by a truck driver on the road, you will need a legal representative. It does not matter if you are in the hospital afterwards, at your place of employment, or in your home, you may have the insurance adjuster that works for the trucking company begin to ask you questions about how badly you were hurt if you were hurt at all. If they see that you are playing basketball about 2 hours after the truck accident, your claim will probably be reduced. No one is saying that you should not act healthy if you are healthy, the problem is that you may be hurt even if you do not feel or look hurt.

Back and head problems may not crop up until weeks have passed. You do not want to sign any paper work with that trucking company and/or their insurance representative since that will mean you will have no say after you truly realize that this accident will have a larger impact on your life. You need to go right here: http://www.hurtcallbert.com/trucking-accidents/ and find yourself a New Mexico truck accident lawyer and there is none better than Bert.