A truck accident results in much more severe injuries than an ordinary automobile accident. The massive size and weight of a truck is more than enough to injure those who happen to come in its way. Any smaller vehicle that comes in contact with a truck will have to face the brunt of the collision. Although truck drivers are generally more alert and trained compared to the average automobile driver, truck accidents still occur throughout the country. The nature of the freight can also affect the nature of casualties in case of a truck accident. If the truck is carrying chemicals that are hazardous or flammable gases, an accident will result in disastrous consequences. Trucks carrying hazardous chemicals must follow certain rules and regulations that have been specifically enacted for safe carriage of hazardous chemicals. If you or someone close has been injured in a truck accident, you may be entitled to be compensated for your injuries. This article will help you make a truck accident claim.
The first thing you need to do determine who is liable for the truck accident. Most truck accident cases are based on the theory of negligence. A person is negligent if he or she fails to act as a reasonable person would under similar circumstances. In a truck accident lawsuit based on negligence, you must prove that the person acted negligently and that the negligent actions resulted in your injuries. In a nutshell you must prove that the truck driver and/or trucking company had a duty of care to you but failed to exercise that duty and because they failed to exercise that duty, you were injured.
In a truck accident lawsuit, there can be more than one defendant. Often it is the driver whose is the negligent party. However many a times the trucking company can also be held liable under the theory of vicarious liability. The principle of vicarious liability held an employer (formerly a master) liable for the negligence of his employee (formerly servant) even though he had neither authorized his employees’ torts nor specifically prohibited them. An 1852 U.S. Supreme Court case indicated that vicarious liability did not depend on any contractual relationship or “chain of command” between the employer and the employee, but simply on whether the employee’s acts were within the scope of his employment. If so, the employer was absolutely liable for his employee’s negligence. The concept of vicarious liability has developed from the principle of negligence. An existing relationship can give rise to a specific duty that would hold one person responsible for the acts of another. The employer has an obligation to ensure that his or her employees do not injure other and is considered as responsible for the conduct of his or her employees.
If the truck is carrying some hazardous material, then the shipper of the hazardous material can be held liable if the presence of the hazardous material made the injuries worse.
If you have been injured in a truck accident you are entitled to compensation for
- Suffering and pain
- Medical expenses
- Wages that were lost
- Unable to enjoy life
- Disability suffered as a result of the accident
An experienced truck accident attorney can review your case and advise you of the compensation you may be entitled to if you have been injured in a truck accident.