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Driver vs. Employer Negligence in Truck Accidents

Driver vs. Employer Negligence in Truck Accidents

Posted By The Weinstein Firm, LLC || 28-Jul-2017

Commercial truck accidents tend to be complicated for several reasons, not the least of which is because of the amount of damage it can do to people and property alike. The most complicated aspect comes after the accident when anyone involved files a claim with the truck driver’s insurance company.

Personal injury claims almost always involve who is to blame for an accident. In an incident involving two cars, for example, the driver who is entirely responsible for the crash usually has to pay the most—or his or her insurance company does.

In a truck accident, liability is a lot more complicated. The truck may or may not be owned by the truck driver herself or himself. If the driver was responsible for the accident, he or she could only be held liable if he or she is listed as an independent contractor. Independent contractors might own their own trucks and hire themselves out to shipping companies or businesses to transport goods across the country. They typically carry their own insurance to cover any accident damage.

However, if the driver is listed as an employee of a shipping company or business, the employer would be liable for any injury the driver caused, no matter how much he or she contributed to the accident. For example, if a truck business employed a person without checking to see if he or she had a commercial driver’s license, the company would have been negligent in their duties. Anyone injured by that driver is, therefore, eligible to be compensated by the company or the company’s insurance policy.

If you or a loved one were injured by a negligent truck driver, talk to an experienced Atlanta truck accident attorney as soon as possible. We can take a look at your case and offer recommendations about your best legal course of action. Let us see what we can do for you.

Contact us at (770) 435-7669 or fill out our online form to schedule your free case consultation today!

Categories: Auto Accidents