Trucking Accidents and Respondeat Superior
This Press Release discusses personal injury claims with regard to trucking accidents and looks at compensation based on respondeat superior.
Press Release (ePRNews.com) - Anchorage, AK - Nov 20, 2018 - Accidents that occur with a truck may results in injury victims holding the trucking company responsible for their injuries if the truck driver is at fault. However, it is important to note that holding a trucking company accountable is difficult, and as one article put it, “may lead to a hard case to win in the court room”.
When it comes to trucking accidents, legal liability is not always clear, and as a result, an injury victim will need the legal expertise of top accidents and injury lawyers . Many trucking companies have been known to cut corners, push their drivers beyond the legal daily allotment limit when it comes to driving commercial trucks or use other tactics that may cause an accident. Where proof can be found it is possible to hold the trucking company responsible for the incident. As with any personal injury case, it is necessary for the plaintiff to prove liability or negligence of the trucking company. However, the injury victim on their own may come up with problems when it comes to providing such proof of negligence. However, an experienced personal injury lawyer has a better chance at getting and proving the negligence of the trucking company. One attorney stated that, “almost everyone has heard of trucking companies that break the law in order to increase loads and thus increase their bottom line, however, it is not uncommon to discover that the truck driver in his own capacity has been using drugs in order to meet the increased demand of their employer. In order to come up with proof of such negligence it requires skill and investigation which is at the disposal of a trucking personal injury lawyer.”
In the legal process, an injury victim may use what is referred to as the ‘respondeat superior’ process. This is a legal doctrine that holds an employer legally responsible for the wrongful acts of an employee or agent, if such acts are within the scope of the employment or agency. In most cases of respondeat superior, a plaintiff looks to hold both the employer and the employee liable for the injuries and damages they have sustained. With the legal process of respondeat superior the court holds the company at fault as a result of the wrongful acts that the owner or management have engaged in against the employees or agents of that company.
To ensure that the company is held accountable, it is necessary for the plaintiff to give evidence proving the fault of the trucking agency or company in the accident. In instances where the company has cut corners, the plaintiff can use respondeat superior against the company.
In the event that the truck driver is an independent contractor this poses a difficult situation of making a full connection between the independent contractor and the company. As a result, the defendant in this case becomes the independent contractor and not the trucking company. Either way the plaintiff will need an experienced lawyer who knows how companies work and how to investigate the matter carefully.
About the company:
The Crowson Law Group is a law firm of renowned professionals who focus exclusively on personal injury matters. The law firm has lawyers dedicated to providing only trucking accident claims advice . For legal representation and advice on Alaska aircraft accidents, contact Crowson Law Group.Source : Crowson Law Group