Schemery Zicolello

When can a truck company be held liable for an accident?

When a motor vehicle accident occurs, there is very rarely only one cause of the accident. For example, a truck accident might be caused because the driver was speeding, was distracted or because the truck's breaks were in disrepair. Poor road conditions or a sleepy driver can also cause an accident. No matter the cause of an accident, it is important for accident victims to understand all the potential sources for compensation.

This compensation is important for truck accident victims, in particular, since these accidents often cause so much damage. This money can help pay for the property damage, medical expenses, lost wages and pain and suffering caused by the accident.

In some cases, a truck company may be to blame for an accident, in addition to the truck driver. In other cases, people may want to hold the truck company liable for the negligent actions of a truck driver. People may ask -- when can a truck company be held liable in these situations?

In most cases, a truck company can be held liable for the actions of a truck driver when there is an employer-employee relationship. This can sometimes be difficult to prove. It generally requires some proof that the truck company had control over the driver and the person's actions. It will also require proof that the accident occurred as part of the driver's employment.

When a truck driver is an independent contractor, the truck company's liability generally comes down to how much control the company had over the driver. Therefore, these cases rely heavily on the facts presented in each case. This blog post cannot provide specific legal advice about a particular set of facts, but an attorney can provide more insight about liability following a truck accident.

Source: Findlaw.com, "Truck Accident Overview," accessed Feb. 15, 2015

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