If you are injured in a car-truck accident in Arizona, you can pursue legal action against any party whose negligence contributed to the accident, including the driver of the truck, the trucking company that employed the driver, the manufacturer of the truck, or other motorists. The circumstances of each crash are unique, so consult with an experienced truck accident attorney to scrutinize the details of your case and identify all parties that might be liable for your damages.
Truck accidents often cause severe injuries that change the victim’s life – and that of his or her family – for months, years, or even a lifetime. While the physical and emotional toll of such a serious injury can cause enough stress and trauma in your life, figuring out whether and how to pursue a personal injury claim may seem like an additional burden.
Fortunately, experienced personal injury lawyers handle these types of accidents all the time, and will have a solid grasp on which parties or entities against whom to pursue legal action. While the driver of the truck is one possible defendant, the driver’s employer may have broader insurance coverage that can compensate you for the full extent of your injuries.
Truck Accident Vicarious Liability
Under the theory of vicarious liability, the truck driver’s employer may be held liable for your injuries that were caused by the driver’s negligent operation of the truck as long as the truck driver was acting within the scope of his or her employment at the time of the accident. For example, if a delivery driver is on his or her route making deliveries and rear-ends or t-bones your vehicle, then vicarious liability would apply. For vicarious liability to apply, the truck driver must be an employee – not just an independent contractor.
Additional Grounds for Holding the Truck Accident Employer Liable
The employer may also be held liable if the truck was insufficiently maintained, and that faulty maintenance caused your accident. For example, if the truck’s headlights were malfunctioning or the braking system was unsafe, the employer would likely be held liable if either of those factors caused or contributed to your crash.
What Is Negligent Hiring?
Another possible ground for employer liability in your truck crash is negligent hiring. In short, the employer is responsible for ensuring that each driver it hires is qualified and competent. If, for example, an employee is hired despite having a driving record checkered with three DUI citations and then runs a red light and crashes into you while drunk on his or her shift, the employer could be held liable for negligent hiring.
The Truck Accident Employer and Driver Must Comply with Federal Regulations
Additionally, the Federal Motor Carrier Safety Administration (FMCSA) regulates how many hours each driver may drive during a shift. All too often, drivers violate these regulations. If your serious accident was caused by a driver who failed to comply with these FMCSA regulations, then the employer could be held liable.
The Right Accident Attorney Will Know How to Proceed
With such a variety of complex factors to consider in these cases, it is in your best interest to work with a law firm with experience handling these cases and maximizing compensation for its clients. Showard Law Firm can dig into the evidence in your crash and identify all the parties that might be responsible for your losses.
For over 15 years, Showard Law Firm has aggressively pursued justice on behalf of injury victims. If you have been injured in a truck accident, call today or contact us through our online form to book a free consultation with a truck accident lawyer. Our clients never receive a bill from us unless their case is resolved.
