I was injured in a truck accident; who can be held liable in my accident claim?

(Salt Lake City, UT) – June 3^rd, 2016 – Many people who are injured in a truck accident aren’t aware of the issue of liability and how much it could affect their claim for compensation. After a truck accident occurs, it is not just the driver who can be held liable for the damages. Multiple parties may be listed as defendants in the lawsuit including the trucking company, the lessor, and the manufacturer, to name a few, according to Salt Lake City, UT truck accident lawyers.

For the most part, trucking laws are vast and exclusive, so if you need help recovering compensation for injuries sustained in a truck accident then it is vital that you seek legal counsel right away to determine who can be held liable. Here are a few factors that determine liability.

Employer Liability

Utah truck accident attorneys point out that when the truck driver is a direct employee of the company then his or her negligence can be lawfully deemed as the company’s negligence and therefore they can be held responsible for damages.

However, this can only be legally applied when the driver acts within the scope of his or her employment. In layman terms, if he or she is not on duty or driving back after having delivered a load or driving a personal vehicle then the company cannot be blamed.

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Lease Liability

Federal trucking laws framed by the FMSCA (Federal Motor Safety Carrier Administration) legally requires any trucking company that leases their drivers and trucks to have full control over their operations at all times. Therefore, a trucking company can be held liable for an accident by this theory. Many legal counselors have won cases based on this solely by arguing that the company is responsible for the damages as they failed to be in full control of the vehicle and its operations at all times.

That is no exaggeration. Where do you find this type of legal help at? Right here: Truck-Accident.USAttorneys. This website has brought outstanding legal professionals to the masses. You do not have to be high flyer in society to have solid legal counselor anymore.

Negligent Hiring, Entrustment, or Retention

A trucking company, like any other company, is responsible for who they hire and should ensure that their drivers are qualified (hold commercial and valid truck driving licenses). In the event that their driver is not qualified or is operating on an expired license or has breached driving hour regulations then the company will be held accountable for the driver’s negligence.

If your license to do anything has expired you can no longer participate in that activity or continue to work in that profession. You may have seen this in the show House in season 5 and season 6 when House could not practice medicine for a variety of reasons. One time he was seeing things or hallucinating, another time he was hearing things, and so on. His license to be a doctor was revoked and he had to seek rehab since much of this was attributed to his addiction to Vicodin.

Truck drivers must have up to date licenses and not addicted to any drugs.

Maintenance Issues 

Many truck accidents occur solely because of maintenance or service related failures. There are exclusive federal and state specific regulations as to how a trucking company needs to service their rigs. Trucks are large vehicles with many moving parts that are all subjected to wear and tear.

If not regularly serviced then mechanical failures are almost inevitable and can cause catastrophic accidents. Salt Lake City, UT truck accident lawyers say that a significant number of trucking accidents can be directly attributed to servicing issues. 

When trucks drive themselves there may still be a need for Salt Lake City, UT truck accident lawyers. 

Violations of FMSCA Regulations

Failing to abide by FMSCA regulations will surely result in the trucking company being held responsible for damages which can include punitive and non-economic damages.

If you have been injured in an accident involving a big rig, semi, or any other large vehicle, make sure to consult an experienced Utah truck accident lawyer today to determine who can be held liable for your pain and suffering.

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