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Is the truck driver or the company liable for your crash?

On Behalf of | Sep 9, 2020 | Truck Accidents

In many car accident cases, the assumption is that the driver who caused the crash is liable. There are minor exceptions to this, such as when a manufacturer defect causes an accident, but that’s rare. Usually, the driver just makes a mistake.

With truck accidents, though, there are a lot of different questions to ask. Since that truck driver was employed by a trucking company and working at the time of the crash, is the company also liable?

For instance, maybe you’ll find out that the driver didn’t have the proper license or training, and that company hired that driver anyway. Perhaps the driver had numerous DUI charges in the past, and the company neglected to do a background check. If the driver was drunk again when they hit you, the company could be liable for putting a dangerous driver on the road.

You may also have questions about the company’s practices. Did they fail to properly maintain the truck, leading to a crash? Did they ask the driver to work longer hours than are permitted by law? Did they encourage the driver to speed in order to make a deadline?

This doesn’t always mean that the driver isn’t liable. If they were drunk or distracted behind the wheel, they clearly caused that crash. The difference is just that you may be able to show that the company that hired them was also negligent and contributed to the accident in that fashion. This can be useful if they have a large insurance policy. Just make sure that you consider all of the legal options at your disposal.