Are you a victim of a trucking accident? Here’s what you should know about liability….

(Oakland, MI) – July 19^th, 2016 – For the most part, there are various approaches to determine who can be held responsible in the event of an accident involving a truck such as a big rig or semi, proclaim truck accident lawyers from Oakland County, MI.

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When the truck driver is a contractor

In cases where the truck driver is an independent contractor, the company cannot be held responsible for the individual’s actions. This varies between states that observe a different set of laws, but when the employer is only in charge of the end result of the work but not the means by which it is achieved, they exert no direct right on the truck driver or need to bear the consequences of any mistake.

With the company off the hook, the truck driver’s history is also scrutinized to determine if he/she has been charged for causing an accident. It is also important to check if the concerned driver has been under the influence of drugs or alcohol, driving recklessly beyond the speed limit, and violating traffic rules, according to Michigan truck accident attorneys.

When the truck driver is not a contractor but an employee

The trucking company becomes ultimately responsible if the truck driver did not cause the accident deliberately and he is an employee of the company. The mishap is attributed to the employer as accidents are bound to happen in course of the business. Moreover, a company is more suited to handle the losses incurred in an accident as compared to the truck driver alone. The legal term to address this arrangement or the situation is respondeat superior.

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Oakland, MI truck accident lawyers reiterate that for the respondeat superior to be valid, further investigations are made into factors such as the intention of the employee; nature, time, and place of the accident; type of work the driver was assigned; level of freedom an employee is allowed to exercise; time taken to complete an assigned task. These are some of the common set of factors considered before the judge decides if the company or driver should be held responsible for the accident.

Now if you have seen the movie Terminator 2 you would have seen the T-1000 (Robert Patrick) steal a large commercial truck and toss the truck driver out of the cabin. Now they did not show this but the T-1000 had to have caused several accidents and did cause some serious damage to the city when trying to run down John Connor (Edward Furlong). In this situation, this would certainly not be the truck driver’s fault or the company’s. Now this is a fictional situation.

In reality, it is one of their fault’s or perhaps it was Mother Nature’s, problem with the road, or a civilian driver’s fault. The truth will and have to be revealed. We cannot have chaos on the roads and if there is a flaw in the system, we need to locate it and shore it up.

In cases where the truck driver committed an act of violence intentionally fueled by personal motives, then the respondeat superior clause is not relevant. Hence the company is not responsible for the consequences borne by the truck driver and any truck accident insurance claim.

Parties that can be held liable

In addition to the truck driver and the company, there other parties that can be held liable in a truck accident and some of these have already been mentioned. This includes the manufacturer of truck parts, driver’s recruitment agency, and loading company, to name a few.

If you are injured in a truck accident and need to prove liability, what you need is a Michigan truck accident lawyer by your side. Your legal pro will gather evidence and make sure all the parties that are liable are made to pay compensation that you rightfully deserve.

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