Potential Defendants in a Truck Accident Claim
People often make the mistake of thinking that semi-truck claims are not that different from automobile accident claims. While semi-truck owners and operators are obligated to hold private insurance policies, they also must follow a variety of local, state, and federal laws. Anyone involved in commercial transportation could be held liable for an accident if their negligence contributed to a serious collision and avoidable injury.
Who Might Be Liable for an MO Truck Accident
Your Missouri truck accident attorney will help you determine who to file a claim against, but most personal injury lawsuits name the truck driver and the truck driver’s employer as defendants.
Truck Driver Liability in 18-Wheeler Accidents
The truck driver could be liable for your legal recovery if their negligence or misconduct contributed to your accident and injuries.
Reasons to File a Claim Against the Driver
In general, truck drivers can be found at fault for making the same sort of mistakes as other drivers. However, they also have additional responsibilities. For example, truck drivers are expected to regularly check their vehicles for defective equipment. If a driver did not notice they had a broken brake light or reflector and it contributed to your accident, they could be responsible for the ensuing damages.
Employer Liability in Semi-Truck Collisions
Semi-trucks are among the largest vehicles on the road. While most semi-truck drivers are trained professionals, they still make mistakes. The Federal Motor Carrier Safety Administration (FMCSA) tries to minimize accident rates by requiring truck drivers and trucking companies to follow certain legal procedures. If a trucking company neglects its federally mandated duties, it could be held directly or partially at-fault for an over-the-road accident.
Reasons to File a Claim Against the Trucking Company
How Employers Try to Evade Accountability
Missouri law recognizes a legal doctrine called “respondeat superior.” This Latin phrase means “let the master answer.” Under respondeat superior, the owner of a logistics company could be held liable for their employee’s misconduct if the driver was working at the time of the accident. However, employers often push back against any argument invoking respondeat superior.
Ways Employers Try to Dismiss a Claim
The Importance of Identifying the Right Defendant
It’s critical that the correct defendant be held liable for the truck accident, so you recover fair compensation and all the compensation you deserve. Beck & Beck Attorneys can help identify the right defendant in your Missouri semi-truck accident.
How Attorneys Determine the Defendant to Hold Liable
Contact Us Today
Beck & Beck Law is the only law firm in Missouri that exclusively represents people injured in semi-truck crashes and other automobile accidents. Please send us a message online, or call us at 573-203-5880 to schedule your free, no-obligation consultation.