- Whats happens if gas powered post driver hit rock drivers#
- Whats happens if gas powered post driver hit rock driver#
Whats happens if gas powered post driver hit rock driver#
You'll also want to look at how the trucking company pays the driver and who's responsible for paying for the truck's registration, permit, and insurance.Ĭourts and insurance companies will ask these questions and more to decide how much liability to assign to the driver and the trucking company.įor example, if a truck driver uses his own truck, buys his own gas, pays for his own liability insurance coverage, assumes the cost of repairs, gets paid on a "per route" basis, and receives no benefits from the trucking company, the driver is probably an independent contractor. Laws vary from state to state, but in order to show that a driver is an employee of the trucking company and not an owner-operator of a rig, you'll need to focus on how much control the company has over the trucker's schedule and ability to enter into contracts with other trucking companies. Let's take a closer look at these arguments Is the Driver an Employee or Independent Contractor? But trucking companies often try to avoid liability by arguing that the driver is an independent contractor and not an employee or that the driver wasn't working at the time of the accident. Is the Truck Driver's Employer Liable?Ī truck driver's employer can be responsible for an accident caused by a truck driver under a legal theory called respondeat superior, meaning "let the master answer." Under this theory, an employer can be liable for an employee's actions if the employee was working at the time of the accident for the employer's benefit. You'll also want to look into other potentially liable parties, like the truck driver's employer.Ĭheck out a sample demand letter after a car accident with a commercial truck.
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If the trucker who hit you was negligent (careless), you can bring an injury-related insurance claim or lawsuit against the driver after the accident.
Whats happens if gas powered post driver hit rock drivers#
Drivers who are tired or under the influence of drugs or alcohol are more likely to make mistakes and cause accidents. For example, a truck driver might speed to get to the next truck stop, make an unsafe lane change, or rear-end a car stopped in traffic. Some accidents are caused by equipment failures, some are caused by faulty road designs or weather conditions, and some accidents are caused by driver errors. (See below for more on employers and independent contractors.) Truck Driver LiabilityĬommercial truck accidents happen for all kinds of reasons. For example, some truck drivers are independent contractors who own their own big rigs. Not all commercial truck accidents involve all of these entities. In a commercial truck accident, you'll probably be able to file claims against more people and companies, including the: In a typical two-car accident case, you might be able to sue the at-fault driver and file a claim with an insurance company. Who Is Legally Responsible for a Trucking Accident?Īccidents involving commercial trucks are much more complicated than a typical car accident claim. state and federal regulations might help you prove the driver was at fault for the accident.the truck driver's employer and others might be on the hook for your losses, and.If you've been injured in an accident involving a commercial truck, you need to know: Many large trucks are commercial trucks, including delivery trucks, big rigs, 18-wheelers, and tanker trucks.
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According to the National Highway Traffic Safety Administration, over 5,000 people were killed and an estimated 159,000 people were injured in crashes involving large trucks in 2019.