When a truck driver hits you and totals your car, you might assume that the driver is at fault. However, there are many cases where another party may be held responsible, and you will need help from an experienced truck accident attorney to help you determine this.
Truck Driver Liability
When determining whether a truck driver is liable for an accident, you will need to consider the truck driver's intentions and conduct at the time of the accident. You must consider the type of work that the driver was performing and how the driver is expected to conduct their operations based on standard truck driving practices.
Depending on how egregious the driver's actions were, you may decide to seek punitive damages from the driver. An experienced truck accident attorney will investigate whether the truck driver has the assets necessary to pay for punitive damages and will also make a case to a judge regarding why you should be entitled to punitive damages.
Vicarious Liability
When a commercial truck driver is employed by a company, the employer may have vicarious liability. Under these circumstances, you will need to pursue legal action against the employer. Also, if the employer engaged in negligent hiring or training, you may be able to use this as an excuse to pursue punitive damages.
Negligent hiring can include the hiring of a driver who does not have the necessary license or the hiring of a driver who has a history of engaging in reckless behavior. Fortunately, an experienced truck accident attorney will be able to investigate the hiring process of the company to show that the employer was negligent.
Mechanical Failure
The truck might have crashed as a result of mechanical failure. In some cases, the driver might still be at fault because the driver will be responsible for making sure that the truck is serviced. However, the mechanical error might be something that is beyond the control of the driver, and the truck manufacturer might instead be at fault.
To be able to prove that the manufacturer was at fault, your truck accident lawyer will work with experienced expert witnesses who can analyze the accident and the vehicles involved to determine what happened. Your attorney may also be able to obtain the black box that is found on a commercial truck. However, you must act quickly because an unscrupulous trucking company might arrive at the scene quickly to try to remove key evidence.
Contact a truck accident attorney to learn more.
