Injured in a Trucking Accident Caused by a Company Driver
April 30th, 2020If you were involved in an accident with any kind of commercial truck, you likely suffered devastating injuries and property damage. While the driver of the truck may have operated the truck in a reckless manner, you may also be able to file a claim against the driver’s employer, the trucking company.
Determination of Liability
Trucking accident cases are different in many ways from those of two passenger vehicle accidents. One significant difference is that a victim may be able to file a claim not only against the driver of the truck but in most cases against the trucking company. The legal concept of holding an employer responsible for their employees’ behavior is called respondeat superior. Employers have a duty and responsibility to ensure that they are hiring employees with not only experience but also that have been appropriately trained. If a trucking company fails to properly hire, train, or monitor the activity of their truck drivers, they may be held liable if an accident occurs.
Trucking Accident Investigation
One of the most important parts of a trucking accident is the actual trucking accident investigation. This investigation can determine the cause of the accident and who should have liability for any injuries or damages that occurred. Immediately following a trucking accident, many trucking companies will immediately send over investigators to collect (and possibly destroy) critical evidence necessary to prove liability in a trucking accident case. The trucking company attorneys will begin working diligently to build a case against the trucking company’s responsibility and liability.
It is imperative and crucial that any victim of a trucking accident immediately contact an experienced trucking accident attorney. A trucking accident attorney can not only conduct an independent investigation of the trucking accident, but also issue a spoliation letter to the trucking company requiring them under the law not to destroy any evidence that they would otherwise have a right to destroy under the law. A spoliation letter can ensure that a victim receives access to such critical evidence such as maintenance records, logbooks of the truck driver or the trucking company, documentation regarding any complaints of actions against the truck driver or trucking company. This evidence can prove to be the foundation upon which an entire personal injury case is built against a trucking company.
Contact an Experienced Trucking Accident Attorney
If you were involved in a trucking accident, you likely suffered catastrophic injuries and property damage. With increasing medical bills, the loss of wages due to your inability to return to work and pain and suffering, you may feel overwhelmed. Contact an experienced trucking accident lawyer with The Bowling Christiansen Law Firm, A Professional Law Corporation. Call our attorneys at (504) 586-5200 or visit us online today to help you understand your legal rights and ensure that all critical evidence is preserved if you make the decision to pursue a legal claim.
