Who has liability in a commercial vehicle accident?
A commercial vehicle accident involving corporate assets and operators is distinctly different than a standard vehicle crash. When it comes to a potential claim or lawsuit against a corporate entity, our dedicated legal team at Reynolds & Reynolds will work to identify all liable parties in seeking compensation and justice.
At Reynolds & Reynolds, we have represented many injured in commercial and trucking accidents in Texas, and our attorneys will help you understand who you have the right to sue and why. A regular accident normally allows you to sue the driver who hit you and the owner of the car, even if they were absent during the crash. A case involving commercial vehicle collision allows you to initiate legal action against several different people and/or entities, and it takes the dedication of a skilled and experienced legal time to determine the best course of action.
In almost all cases, the first legal action is filed against the commercial vehicle operator and employer. If the operator falls under the title of ’employee’ rather than ‘independent contractor’ the company and employer assume responsibility for careless actions performed in a professional capacity. Some specific cases require reviewing the possible involvement of other affiliated parties, which can include the commercial enterprise, the owner of the vehicle, the vehicle operator, and the eventual recipient of the goods or services in transit.
The contract’s terms and conditions will highlight the most liable parties involved. Reviewing the contract’s terms and conditions will determine who can and can’t be sued. It’s equally important to investigate the possibility of a mechanical issue contributing to the cause of the accident or crash. In this case, the truck’s mechanic and the owner would assume responsibility.
Keep in mind that if the at-fault driver is working as an independent contractor, that means they are alone, solely liable for the damage they cause. If this is the case, our legal team will investigate a possible relationship or link to a corporation (like the truck’s owner or lessor) to sue. Depending on the language of the agreement, a higher corporation may also assume some liability for the crash.
Remember, the primary objective of a lawsuit is to acquire adequate compensation for the damage, second, to seeking justice and emotional closure. At Reynolds & Reynolds, our dedicated legal team will help position your case in a way to maximize possible compensation for your injuries and damage.
Like in any accident, your goal is to prove that the opposing driver violated traffic rules and improve the safety of our community. Our legal team, who are familiar with will help you to compile the evidence including any potential violations within the hundreds of federal and state trucking regulations to support your case. For additional information or to book a consultation about a commercial vehicle accident, call an attorney today at 214-891-6606.