Can a Trucking Employer be Held Responsible for an Accident?
Can a trucking employer be held responsible for an accident? The answer is complicated and depends on many factors. If you were involved in a trucking accident, you are likely considering the possibility of a lawsuit—and if you are not already, you should be. However, you may be unsure about against whom you should pursue a lawsuit. An attorney can help you answer this question. Carabin Shaw employs several lawyers with many combined years of experience pursuing lawsuits involving El Paso 18 wheeler accidents. Call our El Paso office today for a free consultation, and let us point you in the right direction.
If a truck accident injured you, you are likely wondering how to manage the resultant expenses. There are the costs of repairing your car; medical expenses if the accident resulted in medical issues, such as whiplash; and even lost wages if either medical issues or the lack of a working vehicle made it difficult for you to go to work. Your best option to recoup all of these expenses is to contact a trucking attorney serving El Paso about filing a lawsuit. This step, however, raises the question of who to name as the defendant: the driver or their company?How Can I Tell Who Is Liable?
Commercial drivers, by definition, do not drive for themselves; they transport cargo for companies, either as contractors or as full-time employees. At first, you may not see the company as responsible for the accident—you might think that the driver is the at-fault party. However, the company is more likely to cover your expenses and also more willing to settle quickly. Getting in contact with one of Carabin Shaw’s El Paso truck accident lawyers can help you find out for sure, but, fortunately, the trucking company is, in fact, likely liable for the accident.
As any lawyer will tell you, negligence determines liability for El Paso 18 wheeler accidents. Texas law has a “vicarious liability” clause, meaning that employers are liable for actions that their employees take in the process of performing tasks for the employer, including, in the case of trucking companies, driving. If a trucking company hires, even temporarily, a person with bad vision, a poor driving record, or a history of substance abuse, that could constitute a negligent act. If that driver is involved in an accident, the company, in the eyes of the law, could be seen as having caused the accident due to the improper vetting of their drivers. An attorney can still help you pursue a case against the company. If you were involved in such an accident, contact a Carabin Shaw truck accident lawyer in El Paso today to discuss the best course of action.
The company could be innocent, and the driver could be liable if an accident does not occur as a result of the driver carrying out tasks authorized by the company. For example, if the driver was using the vehicle for personal reasons, or even if the accident was intentional on their part, they might assume full liability for the accident. However, if this is the case, you should speak to one of our El Paso truck accident lawyers to be sure.How Can I Find Semi Truck Accident Lawyers Near Me?
Carabin Shaw’s attorneys have decades of combined experience pursuing legal action following El Paso 18 wheeler accidents, and they can help you determine the most effective way to begin your recovery from such an accident. Contact our El Paso office today at 915-779-2301 or toll-free at 1-800-862-1260 to schedule a free consultation. During this meeting, we will listen to you and answer any questions you might have about pursuing a case. Let our team help you today.