Trucking Accidents: Can the Trucking Company Be Held Liable?

Have you been hurt in an accident involving a commercial vehicle such as

a big-rig or 18-wheeler truck?

Henningsen Injury Attorneys, P.C. understands just how the serious the situation is and that injury victims

are not always aware of how far their legal rights extend. Fortunately,

there is a remedy, and you can file a claim for compensation for any negligence

that occurred.

Many clients come to us with questions about how they should go about taking

legal action and securing a fair settlement to cover their injuries. This

is especially important in truck accident cases—who is liable in

this instance: the truck driver or the company who employs that driver?

It depends on the relationship between the driver and the company. If the

truck driver is independently employed, a private contractor, or otherwise

not an employee of a business, the driver is the one who is legally liable.

To take action against a trucking company the driver must be considered

an employee of the company.

As Atlanta truck accident lawyers, we can find compensation to cover the

following:

  • Medical bills and treatment
  • Lost wages due to being unable to work
  • Damage to your vehicle or other property damage
  • Emotional anguish
  • Pain and suffering
  • Loss of companionship or support
  • Other related costs

Although this logic may seem fairly obvious and straightforward, many are

surprised to realize that truck drivers are independent contractors. Every

assignment is taken on as needed or assigned randomly. Nowadays, more

and more trucking companies are relying on independent contractors rather

than keeping a payroll of employees, as it is less costly for the companies.

How can you take legal action?

When the Driver Works Independently

If upon further investigation you find that the truck driver was not only

responsible for causing the accident but is not employed by a trucking

company, you would need to file the claim against the driver. His or her

personal liability insurance should be used to cover this. As Atlanta

truck accident attorneys, we can evaluate the circumstances to determine

the degree of negligence and build a claim to help you find full and fair

compensation.

If you have been in an accident and were injured,

call Henningsen Injury Attorneys, P.C. as soon as possible to schedule a

free initial consultation.

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