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Trucking Accidents and Corporate Liability

Because of the sheer size and mass of commercial trucks, accidents involving these vehicles can be extremely destructive and leave people with severe injuries and enormous costs. If the accident is the result of the truck driver’s actions, then other injured people would be entitled to collect compensation for their injuries. One issue that complicates these matters is determining who is actually on the hook for the truck driver’s negligence? Is it the trucker as an individual? Or, is it the company that employs the driver?  In most cases, injured people would rather file a lawsuit against a driver’s company because there is a greater chance of recovering a higher damages award as opposed to simply going after the individual truck driver. However, it is not always clear who is going to be liable.

Respondeat superior

Under the legal concept of respondeat superior, an employer is responsible for the actions taken by their employees. If respondeat superior applies in a case, the company is just as liable for the injuries caused by the truck accident as if it was behind the wheel. There are limitations on this liability though. For one thing, the actions must have taken place in the course of the employee’s work for the company. If the trucker was working, hauling goods for the company at the time of the accident, then the accident occurred in the course of his or her employment. However, if the truck driver was on his or her way to a movie at the time, then the employer might not be responsible for the employee’s actions. Additionally, only unintentional conduct usually counts. If the truck driver committed an intentional tort, the company would not be liable.

The biggest question in determining if respondeat superior applies though, is whether or not the truck driver was an employee.

When is a trucker an employee?

State laws differ on how to determine whether a person is an independent contractor or an employee. In Mississippi, there are several factors considered, including:

  • Level of control over the details of the work
  • Whether the employer person is in a distinct occupation or business
  • The required skill of the occupation
  • If tools and a place of work are supplied by the employer
  • How much time the person is employed for
  • How the person is paid (based on time or per job)
  • Whether the work performed is a normal part of the employer’s business

Determining who is responsible for damages caused in a truck accident can be complicated, but is an extremely important part of a claim for compensation.

Because of the serious damage caused by many trucking accidents, it is vital for individuals involved in these accidents to have their claims evaluated by experienced personal injury attorneys. If you were hurt in an accident with a truck, contact an attorney to discuss your claim, and to determine the best way to pursue compensation for your injuries.  Contact the seasoned Mississippi Trucking Accident Lawyer today at (800) 707-9577 to learn more about your legal rights and options.

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Trucking Accidents in Mississippi

Images of a Toyota Camry that rear ended a semi-truck this August on Highway 61 North are a disturbing reminder of how dangerous accidents involving tractor trailers and passenger vehicles can be. Even though the truck in this accident was stopped at a red light at the time of the collision, the car suffered serious damage and the five passengers of the car sustained injuries. Damage to the truck was minor.

Accidents involving trucks can be absolutely devastating. For one thing, trucks weigh about 20-30 what passenger vehicles weigh creating a serious risk for people travelling in the smaller vehicles. Additionally, the size and weight of trucks makes them harder to stop. In the event that a truck driver has to stop abruptly, they will continue to travel around 20 to 40 percent farther than a car would. This situation can be even further exasperated by inclement weather. Not surprisingly, when accidents between trucks and passenger vehicles result in fatalities, it is far more likely that the person or people killed will be those in the passenger vehicle. Of course, not every accident involving a truck is the fault of the truck driver as opposed to the other driver.

Truck driving risks

There are certain things about driving a truck that increase the chance of these drivers causing an accident. For instance, commercial truckers often spend long hours behind the wheel of their vehicles. Federal laws regulating trucking allow for drivers to work for up to 11 hours at a time, and 77 hours in a week. As if 11 hours straight behind the wheel was not a long enough stretch, many truck drivers admit that they will at times work even longer than permitted. Maintaining focus for such long periods of time is not easy, which makes the likelihood of fatigue and inattention greater. Add a tired driver into the mix with bad weather and a vehicle that takes much longer than others to stop, and the chances of an accident occurring can increase greatly.

Liability in trucking accidents

The damage caused in trucking accidents is often extremely serious, and when a passenger vehicle and truck collide, the people in the smaller vehicle will likely suffer the brunt of the harm. Even still, in order to show that a truck driver is liable for damages, the driver must have been negligent.  The people or person seeking damages will have to show that the truck driver did not act as a reasonably prudent person would given the circumstances. Of course, it is also possible that the driver of the smaller vehicle negligently caused the accident, in which case the truck driver would not be liable, even if the other vehicle and individuals suffered greatly as a result of the accident. Another possibility is that both drivers were negligent.

In Mississippi, if the injured person was negligent, but the other driver was also negligent, it is still possible for the injured person to collect damages. If the driver of the passenger vehicle was 80% responsible for the accident, and the truck driver was only 20% liable, Mississippi law would permit the injured person to collect 20% of the total damages.

Trucking accidents can lead to extremely serious and costly injuries. If you were involved in an accident with a truck, it is important to speak with the experienced Mississippi Trucking Accident Lawyer at Barrett Law, PLLC to learn your rights, and to develop a strategy for handling your claim.

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