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How Fault Is Determined In A Truck Accident

Yellow Semi-Truck Driving Stock Photo

Being involved in a car accident is one of the most stressful events a person could experience in their lives, and this stress is only compounded when that accident involves a semi-truck. Due to their massive size, semi-truck accidents can be very severe, often leaving you with extensive injuries and expensive medical bills. After a major accident involving a semi-truck, you may be considering a lawsuit, which means you need to learn more about these types of cases.

Read about filing a lawsuit after you’ve been hit by a semi-truck in Nashville and learn who is legally responsible for your injuries and compensation.

Bringing a Suit Against a Truck Driver

Something to consider before filing your personal injury lawsuit is whether you will file a suit against the truck driver or the trucking company. Unfortunately, even though they may be associated with a trucking company, many truck drivers are independent contractors, which means the trucking company is not responsible for their actions.

If you determine that the truck driver is an independent contractor, this is who you will file your suit against. When planning your case against an individual truck driver, you must be able to prove that they were at fault in your accident, usually by demonstrating that they were driving recklessly.

Fighting the Trucking Company

In order to maximize compensation, many people who have been hit by a semi-truck in Nashville choose to bring a personal injury lawsuit against the trucking company. While this is usually a good decision, winning a suit against a trucking company involves several factors that you need to be aware of.

First, employers are generally legally responsible for the actions of their employees, and this principle extends to trucking companies and their drivers. However, it’s important to understand that a trucking company is only responsible for their drivers while they are acting on the company’s behalf. If your accident occurred while the truck driver was off duty, then the trucking company will most likely not be responsible for the accident.

When Intent Matters

There is another area where the trucking company will not be responsible for the actions of their employees, and that’s when the driver has acted with intent. For example, if the truck driver intentionally caused an accident, perhaps because of road rage, then the driver is entirely responsible for the actions, and not the trucking company.

Additionally, if the incident did not involve the truck and only the truck driver, such as in an assault, then the company will also not be liable for any injuries that you have sustained. If you have questions about fault and liability in your truck accident case, it’s best to consult an experienced Nashville attorney.

You’ve Been Hit by a Semi-Truck in Nashville: Now What?

When you’ve been hit by a semi-truck in Nashville, it can be hard to know how to proceed, which is why you need to get assistance from an attorney at Mitch Grissim & Associates. Our legal team understands the complications involved in trucking accidents and can help you successfully plan your personal injury suit. Contact us today for more information about our services and how one of your attorneys can help you.

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