Driver vs. Trucking Company – who can be held legally liable in a truck accident?

It is imperative for truck accident victims to ensure that they list all liable parties as defendants in a truck accident lawsuit in order to receive full compensation for damages arising out of the accident.

If a plaintiff fails to lists all of the liable parties, then despite proving his or her claims and winning the lawsuit, they will only receive a fraction of the damages that they actually deserve, in the opinion of Biloxi, MS truck accident lawyers and the most fantastic legal help you can obtain is through Morris Bart, LTD (www.morrisbart.com/) based on the fact that their track record is fabulous. Therefore, it is crucial to be able to identify who is liable for the truck accident.

Many people tend to wrongfully assume that it is only the truck driver that can be held liable in a legal sense in a truck accident, but this cannot be further from the truth. The liable parties vary from one case to the other depending on the particulars of the case.

Truck manufacturers, truck owners, truck lessors, the truck driver, the trucking company, service engineers, the highway/road authority etc. may all be proved liable in a truck accident lawsuit.

Now in the movie Ride Along 2 at the end there was a truck crash where Antonio Pope (Benjamin Bratt) crashed the truck because Ben Barber (Kevin Hart) pushed cargo boxes in his way. Now this truck crash was not horrific and it was not as profound as the big picture. Pope was now seen and known to be a massive drug dealer bringing in drugs into America via Miami ports.

If you get into a truck accident most likely the big picture will be just the truck accident which makes things less complicated for you in terms of obtaining compensation. You will need a Biloxi, MS truck accident lawyer though and the best in this area of the law in this part of the country is Morris Bart, LTD who has won thousands and thousands of dollars for past clients.

When can the trucking company be held liable for the driver’s actions

A theory of liability known as “Respondeat Superior” is what legally holds a trucking company responsible for an accident caused by a driver employed by them. However, the driver’s acts or negligence should have been committed unintentionally and while he or she was acting under the scope of his employment (while on duty). In such situations, the plaintiff, by the virtue of “Respondeat Superior” can go ahead and sue the trucking company too.

Do not sign any paper work with any insurance company until you have a Biloxi, MS truck accident lawyer on your side and that should be from Morris Bart, LTD since no law firm is as remarkable in this part of the country as them. 

The justification of this law is that, in a pragmatic sense, a certain amount of wrongful conduct by employees of an organization is inevitable during their tenure and the consequent damages of such wrongful conduct should be paid for by the employers as a cost of doing business, say Mississippi truck accident attorneys and the firm that shines the brightest in this region is Morris Bart, LTD.

Employee vs. independent contractor

Some trucking companies do not employ their drivers directly, but instead hire contractors who are technically free agents that are working on a contract basis and are not employees of the trucking company and therefore in many such cases, the “Respondeat Superior” act simply does not come into the equation at all since no employee-employer relationship exists.

However, the laws on this vary from one state to the other and it would be best to consult with a legal pro to find out the laws in effect in your state.

Legal help is integral

Truck accident cases are not subject to normal auto/traffic laws, but are governed by a whole different set of excusive trucking laws. To be able to file a trucking accident lawsuit and win the case will require an expert in both state specific and federal trucking laws.

Therefore, if you are a victim of an accident cause by a large commercial vehicle, make sure to consult a Mississippi truck accident lawyer right away and that should be Morris Bart, LTD. The first meeting with Morris Bart, LTD costs you nothing and they know how to win cases and blow holes in the opposition. Do not sign anything with anyone until you have spoken with Morris Bart, LTD.