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.
No comments:
Post a Comment