Large commercial trucks are traveling on roads throughout New Jersey. For instance, tractor-trailers and other large rigs transport cargo on highways like Route 78, 1, 80 and 9. Unfortunately, when one commercial truck doesn’t make it to its destination because of a traffic accident, it may mean innocent victims were injured. Truck Accident Lawyers | Davis, Saperstein & Salomon typically must investigate a trucking accident on their clients’ behalf to determine truck driver verses trucking company liability.
Negligence in Truck Driving Accidents
Negligence is the failure of a driver to act as an ordinary driver would in similar circumstances. An “ordinary driver” does not exist. The law looks to this mythical driver to compare the actions of the driver involved in the accident. If an ordinary driver would have operated their vehicle without causing an accident, the driver involved in the accident is liable. A personal injury attorney must determine if the “driver” liable for the truck accident was the truck driver or trucking company. IF you were involved in an accident on a motorcycle visit https://www.folgerlaw.com/practice-areas/motorcycle-accidents/.
When is the Truck Driver is Liable for the Accident?
According to the guidelines posted recently by lawyers for traffic ticket offenses in Fort Lauderdale, the truck accident is the fault of the truck driver in many instances. For instance, the truck driver committed an intentional tort like an assault or battery while driving and caused an accident. Another situation where a truck driver is liable is when they do not obey traffic laws.
They may run a red light, travel on New Jersey roadways where trucks are not permitted and follow another vehicle too closely are all traffic violations that will cause an accident. Distracted driving and violating federal trucking rules are other reasons why a truck driver would be sued for a truck accident.
The trucking company is not liable for any type of accident caused by a truck driver when they are independent contractors. This means the truck driver does not work for the trucking company. Often, a truck driver may transport cargo from one area to another and not work for the trucking company. Instead, they work for themselves and contract with the trucking company.
When will a Trucking Company be Liable for a Truck Accident?
A trucking company may be liable for the wrongful acts committed by a truck driver. The wrongful act must be unintentional and happen while on the job. For example, a truck driver ran a red light and crashed into a passenger vehicle. The injured person can sue the trucking company because the person is an employee of the trucking company.
Truck Accidents are not Simple Accidents and Require the Help Legal Counsel
Truck accidents are complex because the liability may not have been driving at the time of the accident. Besides the trucking company, other companies may be at fault. For example, the cargo company may have improperly loaded the cargo which made the truck fall. The truck manufacturer and maintenance company may also be at fault. That is why it is always important to contact a trucking accident lawyer to help. If you are get into accident learn more about similar situations before calling an attorney.
Last modified: March 18, 2010