Who can be held liable in a truck accident?

Truck accidents are extremely complex especially when it comes to legal proceedings. This is mainly because such accidents are not only governed by state specific laws but also by federal laws that are put in place and enforced by a federal organization called the FMSCA (Federal Motor Safety Carrier Administration).

List the Guilty Parties Out

It is not only the truck driver that can be sued for causing a truck accident by someone and their Fargo, ND truck accident lawyer. Depending on the specifics of the case and the situation that happens in the Fargo area, the insurer of the truck, the operating company, the owner, and the lessor may all be named or listed as defendants in a civil lawsuit and maybe sued for damages by the victim or the plaintiff in the case.

If you happen to be impacted negatively by a negligently caused truck accident, or if you know someone suffering because of the negligence of a truck driver/company, make sure to consult with a North Dakota truck accident attorney because there is money on the table and enough of it could be yours. It cannot hurt to call (you may even be eligible for worker’s compensation as well). The first meeting is probably free. In addition, you do not have to pay the legal representative until you are paid. Any decent lawyer will also keep you informed about the progress of the case as well.

With a wrecked car and jacked up life temporarily, you may not need any more motivation to call for truck accident legal help.  

Truck cases can be worth a lot of money (millions in some cases – do not get your hopes up, you have to be pretty much dead to receive this much money) and a lawyer will be able to shed some light on what your case may be worth and how you should proceed through the legal process.

Targeting the Superior

The law in effect that makes a trucking company directly responsible for a trucking accident caused by an employee truck driver which is known as “Respondeat superior”, which is Latin for – “let the superior answer”.

Driving a truck is not any easy job. Trucks are large, heavy vehicles that need to be maneuvered and handled with expertise, caution, and attentiveness. In addition, truck drivers must hold valid commercial trucking licenses. It is the responsibility of the trucking company to make sure they hire a driver with all the required skills and qualifications for the job.

They are also responsible to make sure that the driver is a responsible and stable individual. Trucking companies need to have procedures in place to keep a check on how many hours a driver works every week or at a stretch. He must not violate state or federal limits on the number of hours he can work without a break. No one should be trying to break Cal Ripken’s streak in other words (his batting average was not that impressive those last few years but his job was not putting anyone in danger). Breaks must and should be taken.

If a truck driver causes an accident due to sheer negligence, reckless driving, impaired driving, driver fatigue, or not keeping a lookout, then not only will the driver be held liable for the damages but his employers may also be sued. This is when Fargo, North Dakota truck accident lawyers get that 3 am phone call for instance from their truck company clients.

A few hours later you can call up a legal professional after you click on this website: http://truck-accident.usattorneys.com/north-dakota/. You do not want to have this legal showdown without a lawyer. That is like trying to get married without having a spouse. It just does not make sense.

Seeking Victory

The burden of proof in a truck accident case is on the plaintiff and his/her legal counsel. To be able to win your lawsuit, you need to establish the following four things – the trucking company owed you a duty, the trucking company breached this duty, this breach in duty caused the accident and damages, and that you need to be compensated for these damages.

This is easier said than done. Therefore, the best course of action if you are involved in an accident involving a commercial vehicle anywhere in the vicinity of Fargo is to call up and sign on with a truck accident lawyer to protect your rights and determine who can be held liable for that damages you have clearly sustained. You can find that lawyer who performs like Rambo but with a pen, smart phone, laptop, and legal acuity – not with a large knife and gun.