Does Coral Springs Injury Attorney Discuss The Liability of The Commercial Trucking Company For An Accident?

Traffic accidents involving big rigs, delivery trucks, or other commercial vehicles can be complicated to pin liability. Here are a few questions & answers your Coral Springs Injury Attorney might ask during a deposition or the liability phase of an injury lawsuit.

•    When is the company responsible?

The "respondent superior" rule applies in tort law jurisdictions where a company can be held liable for the actions of one of its employees or agents if the actions are found to be within the terms and conditions of employment. A finding of respondent superior is made based on proof, what typically would occur under ordinary circumstances, and not by set-off.

•    Is the driver responsible?

It is a must to establish that the driver of the truck is a registered employee of the trucking company and not a contractor. This distinction is important because companies are generally not responsible for damages caused by their independent contractors.

Certain requirements are specific to each state, but in general, the emphasis is on whether the person who is doing the work is hired to do a particular result. A relationship as an independent contractor probably exists, if they have control over the results but not how they do it.

Independent contractors are those who contract to perform a service for a company but, due to many factors that differ from traditional employment relationships, are not employees of the company. Coral Springs Injury Attorney knows that distinguishing between independent contractors and employees is essential because employers have different legal responsibilities depending on who they hire.

To find whether the company or the driver is responsible, it is wise to hire an injury attorney.

Are Multiple Parties at Fault?

When multiple parties are at fault for causing a car accident, liability is usually apportioned using comparative negligence principles. When someone is injured due to the intentional act of another person, however, that person will often be held entirely liable.

For instance, if a driver felt tired while driving a car with faulty tires, the driver maybe held as he/she is partly at fault for an accident and the manufacturer maybe held liable for defective tires. The plaintiff can sue both the driver and the manufacturer. When multiple parties are deemed liable for an accident, it may be challenging to determine how much of the settlement should be paid by each of them.

Injured people may sue the driver, the company, or both for gross negligence. The circumstances of the accident and its severity are significant factors when determining which party is primarily liable. The party you would like to hold more accountable for the accident will dictate what type of insurance claim you should file. Hiring a Coral Springs Injury Lawyer is the first step to getting the proper compensation for your pain and suffering following a severe car accident. For more information visit here: Drucker Law Offices