Thursday, February 25, 2016

Who can be held liable in a truck accident case?

When involved in a truck accident in Mississippi it can be rather confusing to figure out exactly who can be held liable for the accident. Even in cases where it is obvious that it was the truck driver’s fault and it was his or her negligence that caused the accident, it does not mean that solely the truck driver can be held responsible.

According to McComb, MS truck accident lawyers, depending on the specifics of the case, a number of parties may be liable for the accident and for its consequent damages. It is integral that as a plaintiff you make sure to list all the liable parties as defendants as this will in turn ensure that you receive compensation you rightfully deserve. There have been many cases where a plaintiff fails to list a party or more and ends up only receiving a fraction of the damages claimed even though they are able to prove their case and the defendants’ negligence.

There could be more than one person or entity at fault. They should all pay. Depending on how severe the wreck is, you may have months of recuperation left and that is costly and time consuming.

Why do you need to check with a legal professional before filing a truck accident lawsuit?

This is why it is always a salient idea to consult with a southwest Mississippi truck accident attorney prior to filing a truck accident lawsuit. Truck accident cases are subject to an extensive set of factors on both a state specific and federal level and this further complicates truck accident lawsuits. Therefore, it is always prudent to seek legal counsel if you wish to claim compensation following a truck accident

One of Tupac’s best albums or CDs was titled Me against the World. You may feel like Tupac did in the mid-90s but trying to take on the establishment and the system all by your lonesome is just foolhardy. You need legal help. You need a hard charging and focused lawyer working with you to make sure you come out of this alright.

Driver vs. Company Liability in Truck Accident Cases

Even though the driver’s negligence caused a truck accident, McComb, MS truck accident lawyers use what is known as “respondeat superior” theory to hold the company responsible for the actions of its employee. It is after all the responsibility of the company and no one else to ensure that the drivers that they employ are fully trained, medically fit, and hold the necessary commercial trucking license(s) required for the operations they are tasked with.

They should also know English! Regarding being medically fit – they should not have any disorders or illnesses that causes them to be drowsy or not fully alert. The Joker in Batman would not have been an impressive truck driver considering he probably did not have the patience to obtain a license and the fact that he was a sociopath. 


Furthermore, the company is also required to have policies in place to ensure that drivers do not violate federal and state trucking policies which mandate that they do not drive continuously for over a certain period of time without rest.

Trucking companies must also ensure that any loading that is done for the truck to haul is loaded as per procedure. Therefore, when a fatigued driver or a truck that was improperly loaded gets into an accident then it is fully within legal scope to question the trucking company and hold them liable for the economic, non-economic, and punitive damages caused.

However, certain things which are not within the control of the trucking company cannot be blamed upon them.

Other potential liable persons in truck accidents include, and is not limited to, truck manufacturers, truck lessors, truck owners, truck servicing companies, and truck part manufacturers. Make sure you sue them all if that is the case.

A Hard Hitter

Hiring a southwest Mississippi truck accident lawyer is imperative to ensure that you are well compensated for your losses. If you or a loved one is injured in a truck accident, you have the right to claim compensation to cover lost wages and medical expenses. Your legal counsel can help you with insurance and liability issues and provide the representation that you need and desire.

The police may have been kind to you. The medical staff can be cordial to you as well. Your employer may support you. But none of them are going to find you the legal help you need. You must take that initiative. Go right here to Truck-Accident.USAttorneys and help yourself out.

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