Who Is Responsible For Commercial Truck Accident?

Could the driver be held responsible? What about the driver’s boss? What about the business that planned to profit from the transport of goods in a commercial truck?

Factors that would make the driver’s employer responsible

Driver had been assigned by boss to transport a load of items. Any of the driver’s actions that caused the accident had been unintentional.

The above factors would not pertain to a situation where the driver was an independent contractor. In that case, no company would have agreed to provide the contractor/driver with company benefits, such as health insurance. The boss would have agreed to pay the driver as someone that had chosen to work as a contractor.

Had a statute, ordinance or regulation been violated?

-Had the weight of the truck’s load exceeded the legal limit?
-Had the driver been asked to remain on the road for too long a period of time?
-Had the truck undergone the mandatory inspection?

Drivers do not determine the size of a load. The company that wants some goods transported gets to determine that size. Personal injury lawyers in Quincy know that drivers are supposed to be on the road for only a limited number of hours each day. Their boss is not supposed to insist that they keep going for a longer period of time.

Unless the driver was an independent contractor, the trucking company that hired him should have arranged for the inspection.

If someone had violated an ordinance, statute or regulation, then the driver would not be the likely person to be named responsible for the associated accident. It might have been the boss or the business. It could even have been the shipper’s fault, if the truck had not been loaded correctly.

In such a situation, an injured plaintiff could expect to reach a settlement with the defendant. There could not be a logical reason for saying that the plaintiff had caused the accident.

Suppose that the commercial truck had been a large semi. How could that fact affect the size of the plaintiff’s compensation?

Plaintiffs that have been injured by a semi seldom receive a small settlement. The driver of that vehicle should have been trained on the ways to avoid a collision. If the driver had not received adequate training, then the trucking company could be held responsible for the accident.

Trucking companies do not want to lose their right to ship goods on the highway. For that reason, each of them tends to offer a generous settlement, in the event of a semi-auto accident. That action tends to make the plaintiff happy, so that he or she does not decide to file a lawsuit. The trucking company would not want to become the target of a lawsuit.