Employer vs. Driver Negligence
Who caused your truck accident?
You have been injured in a
truck accident and know that it was not your fault. The question that remains is, "Who
is responsible for causing the accident?" The answer to this question
is important, as it determines how you will proceed with your claim for
compensation. In many cases, the truck driver can clearly be demonstrated
to be at fault for the collision, but in other cases a careful
accident investigation will reveal that the trucking company is responsible. Either way, a Missouri
truck accident attorney from Meyerkord & Meyerkord can help you file
an injury claim to recover compensation for the losses you have suffered.
When is the trucking company responsible?
When we see semi-trucks out on the freeway or on the roads of St. Louis,
we commonly think of the drivers as being fully responsible for the vehicle,
but this is not the whole truth. The fact is that the trucking company
— the driver's employer — shares the responsibility for
ensuring the safe operation of the vehicle. For example, the company may
be found to be liable for a
failure to maintain the truck or could be held accountable for sending the truck out with an
unsecured cargo load. If the company neglected to install underride guards on the back
of the truck trailer, this could serve as grounds for legal action over an
underride accident. Trucking companies may also be held liable for
negligently hiring or retaining unqualified or irresponsible drivers.
Truck drivers — just like any other driver — bear a considerable
duty to avoid causing accidents. Their vehicles can weigh up to 80,000
pounds, which is as much as 40 times more than a passenger automobile.
Truckers, however, frequently take outrageous risks through actions such as
drinking and driving or using a cell phone to talk or text behind the wheel. Other times, drivers
may be at fault for causing accidents through reckless or incompetent
driving. The truck driver may cause a
jackknife accident by hitting the brakes too hard or could cause a
truck rollover by taking the vehicle into a corner at too great of a speed. There are
also cases in which the trucker and the employer may share liability,
such as if the driver succumbed to pressure to violate the hours of service
driving while fatigued.
Seeking a truck accident lawyer in Missouri? We can help.
Take the first step in your case now by contacting us for a free consultation.
We can help you sort out the circumstances of the accident to determine
who is at fault and we are ready to begin working on your claim for damages
today. Our attorneys have more than 100 years of combined experience and
we know how to get results for you!