Truck accidents are legally complex
since they are not only subjected to extensive state specific trucking laws,
but also to federal trucking laws framed by the Federal Motor Safety Carrier
Administration.
Outstanding truck accident lawyers in
Minot, ND reiterate that it is a common yet incorrect presumption made by most
people that the truck driver or the trucking company are the only parties that
could be held legally liable for the damages caused in a truck accident caused
by negligence.
However, the fact is that there are many
potential liable parties that could be listed as defendants in the truck
accident lawsuit. This includes the truck manufacturer, the truck
owner, the truck lessor, the parties responsible for the service and
maintenance of the truck, etc.
To determine who exactly is liable in a
specific truck accident case will depend on the details and particulars of how
and why the accident occurred or was caused in the first place. However, as a
plaintiff, if you fail to list all of the liable parties as defendants in your truck accident insurance claim or lawsuit,
then even though you are successful in proving the lawsuit, you will still not
receive the full amount of compensation that you deserve and you may instead
only receive a mere fraction of what you were seeking.
Your hospital bills will not be
decreased just because you did not file the lawsuit properly.
Therefore, it is astute to consult a
truck accident lawyer in North Dakota if you have to determine who exactly is
liable for your accident and then go about filing your claim. You need legal assistance
no matter what the situation is.
Now in the beginning of Thor II Odin (Anthony
Hopkins) harangued his selfish and misguided step son Loki (Tom Hiddleston) for
attempting to oppress and step on earth, give us the boot. This took place on
Asgard and Loki was not given any legal help since Asgard operates on different
rules than America does and sending Loki to trial would have been a waste of
time since he was 100% guilty. He did not even try to denounce the charges
levied on him. Since this is Asgard, legal assistance may not be guaranteed if
Odin does not believe that is the correct route to take.
Now in North Dakota, there are many
trucks in operation because of oil shale. If the Obama administration had their
way, oil shale development would not take place and the EPA would smile as
thousands of high paying jobs were destroyed. So would Saudi Arabia. The reason
gas prices are low in America is because some states in the US have legalized
oil shale development much to the happiness of so many people who want to work
and earn a decent living.
But oil shale truck drivers still need
to respect the law and other drivers.
When
is a trucking company liable for the conduct of its driver?
The term for the legal principle which
allows for victims to hold trucking companies liable for the negligent actions
of a trucking driver is known as “respondeat superior” which means – let the
superior make answer. Therefore, as long as the driver’s actions were not
maliciously intentional or deliberate, then the trucking company may be held
responsible for the accident and the consequent damages.
Driver
– Employee vs. Independent Contractor
Another major factor which comes into
play when determining whether or not a trucking company can be held liable for
the damages resulting from a truck accident is whether the driver who was
operating the commercial rig that was involved in the accident was a direct
employee of the trucking company or whether he or she was an independent
contractor, according to Minot, ND truck accident lawyers.
Generally speaking, the trucking company
cannot be held liable for the negligence or actions of an independent
contractor. However, there are instances where a trucking company cannot be
held liable for the accident. Another facet which will influence the equation
is whether the driver at the time of the accident was acting within the scope
of his/her employment or not.
If you are a victim of a trucking accident caused by a
negligent party, contact an astounding North Dakota truck accident attorney as
soon as you can to evaluate your claim.
There is not any Internet on Asgard so
this incredible site Truck-Accident.USAttorneys does not exist. Asgard has their own communication
methods. If you need legal help go to that site and secure it. Do not sign any
paperwork with the other insurance agency until you have a legal counselor
helping you.
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