Traffic accidents involving semi-trucks are the sort of thing most people would rather not consider. After all, given that trucks are 20 to 30 times larger than passenger vehicles, the results of such an accident can be devastating, even deadly. Data collected by the Federal Motor Carrier Safety Administration (FMCSA) over the last two decades indicates that these sorts of accidents are on the rise and have increased in frequency by 20%. This unsettling figure makes it increasingly likely that you, or someone you know, could be involved in a trucking accident. If such a thing were to pass, you might wonder who is legally liable for such a tragedy.
We’re here to shed some light on that very issue.
In most cases, the trucking company bears liability for the driver’s actions, as the driver operates on behalf of the company. However, this liability extends to actual employees and not independent contractors. While the trucking company might still be responsible for an independent contractor’s actions or their decision to hire them, this matter is complex. It is also necessary to consider other factors, such as the actual owner of the rented or leased truck, the vehicle and parts manufacturer, and the cargo loader. Therefore, having a knowledgeable legal expert by your side is crucial to identifying the responsible party and taking appropriate action.
Semi-Truck Accident Liability
In a semi-truck accident, liability refers to the legal and financial responsibility for the incident. It is important to distinguish assigning blame from legal responsibility. Even if you believe that the driver caused the accident due to their mistake, this does not automatically make them liable. In most cases, the trucking company assumes liability for their driver’s actions as they operate on the company’s behalf.
However, this only applies if the driver is an employee and not an independent contractor. If the driver is an independent contractor, the issue of responsibility becomes more complex, although the trucking company may still bear some responsibility for hiring that specific driver. Other factors may contribute to the accident, such as the owner of the truck renting or leasing it, the vehicle manufacturer, the manufacturer of its parts, or the party responsible for loading the cargo. Therefore, enlisting the support of a knowledgeable legal expert is crucial to ensure identifying the responsible party and taking appropriate actions.
Help with Semi-Truck Accidents
As a semi-truck accident victim, you may have the right to seek compensation in court. Get in touch with us today for a complimentary consultation to discuss your situation and address any inquiries you may have. You can contact our offices at 419-843-6663 or reach us online.
Our team of skilled Ohio personal injury attorneys is ready to help determine liability and aid in your recovery. Additionally, our personal injury attorneys possess expertise in Michigan semi-truck accidents.
Kevin Boissoneault, is the President and Managing Partner of GT&B. He began his career at GT&B in 1992 and has built the Personal Injury section into one of the strongest and most successful firms in the region. His hard work and dedication as a compelling trial attorney and litigator has won many verdicts and settlements for his clients and their families. Kevin’s commitment to protecting those who have been injured through accident or negligence has brought justice for thousands of clients.
