Former State's Attorney With Over 38 Years of Experience

semi-truck on the road

Driver vs. Company Liability In A Big Rig Accident

Car Accident Attorney  

Qualifications of a Car Accident Lawyer That Can Handle a Car Accident Case

When you get into a car accident because of someone’s negligence, you can get compensation and financial recovery through a car accident claim. These are the qualifications you need to look for when hiring a car accident attorney.

Licenses and professional associations of a car accident lawyer

The most important thing is to check whether your injury attorney has a law degree from a reputable university. It shows they have the best interests in gaining more knowledge in their career, and one is an experienced attorney. You should ensure that the car accident lawyer has the license required in your state and is a member of a professional association.

Have a good record on car accidents cases

You should check whether they had won cases before and won fair compensation for the property damage and car accident claims. Then check if they have won cases that are similar to yours. You can check their website, as good car accident lawyers always keep records of patients they have won.

Check if they have a good reputation.

You need to check if the auto accident lawyer can offer you good legal representation from the insurance company. Check their reviews online to see what their past clients say about the lawyer. You may also ask your attorney for a list of his clients that you can call and find out whether they got a good service and fair compensation.

Transparency and honesty

You will need a car accident lawyer who is honest about where he sees your case going. For example, what is the probability of you winning the case, and how much compensation to expect for the car accident injuries. 

An experienced attorney should have good communication skills.

A good car accident lawyer should give you a case outlook, an update, and details on the case’s progress. You will know whether an auto accident attorney has good communication skills by noting whether they will ask for a face-to-face meeting with you. Most personal injury attorneys may also offer a free initial consultation to answer all of the questions you may have.

Years of service and cases won.

You will have to get a personal injury attorney with substantial years of service in car accidents. Get a lawyer who has won many cases in trials and has helped many car accident victims. The lawyer’s records should show excellent settlements and reputations from insurance companies.

Company Liability in a Big Rig Accident

Liability in accidents is a concern when you have physical injuries and damages from commercial trucks. Getting the party responsible for the car accident is crucial in getting the necessary compensation.

In a car accident, always use the right car accident attorney. The attorney will help you investigate the auto accident, determine the person at fault and get a car accident claim.

Who is legally responsible for a trucking accident?

Trucking accidents may involve more than one person, for instance, insurance companies, the driver, the employer, the truck owner, and the truck Maintenance Company. However, some drivers are independent contractors and have their big rigs.

 When are truck drivers liable for damages from a truck accident?

Some accidents may happen due to the fault of the driver. For instance, they were speeding when the driver was in a hurry or when a driver made a wrong lane change. Some drivers drive under drugs or alcohol and can make mistakes, causing serious injuries.

It is the responsibility of a driver to have driving habits that are safe for them and also for other motorists and practice the following:

  • Observing all traffic rules
  • Not driving under the influence of alcohol and other drugs
  • Keeping a proper lookout when on the road
  • Passing a driving test.
  • Going while handling electronic devices such as mobile phones.
  • Reckless driving and driving while fatigued.

If a truck driver carelessly hits you, you should prepare an injury insurance claim against him and inform the company. Then check with the help of your injury lawyer if other parties are involved in any way, like the truck owner.

Is the truck driver’s employer liable?

Many truck drivers are employees of the trucking company. Sometimes the companies may be liable for their employee’s carelessness and negligence that occur on the job. It is known as respondent superior or vicarious liability of truck driver conduct.

Respondent Superior is a concept that can make an employer liable for their driver’s car accident. For instance, they can be responsible for not taking the correct steps to prevent the mistakes that can cause an accident. In this case, the financial compensation of the injury claims is split between the two.

Other mistakes that a trucking company can make them liable for common car accident injuries include the following;

We are not offering the appropriate training to employees.

Trucking companies should provide training courses for their drivers to add to their skills and knowledge. Truck drivers should add more experience to ensure they drive the cars as safely as possible. This is necessary to avoid minor car accidents.

The truck company does not offer maximum supervision to the drivers.

The trucking company should keep proper records of all their drivers, for example, break timetables, driving records, and maintenance schedules. The documents should be checked regularly to ensure no inconsistencies or errors.

Creating long driving schedules

This is one of the major ways trucking companies get involved in truck accidents. Allowing their drivers to work long shifts makes them too tired to concentrate well because of inadequate resting time.

Hiring unqualified drivers

Trucking companies should hire qualified personnel to perform the various tasks given. The employees should have their driver’s licenses and have a clean driving history.

Cargo–related issues

The cargo should be loaded in the right way on the truck to avoid possible accidents. The trucking company should take care when securing the load on the car and train the loaders on the best ways to load the cargo. 

For more information on Company Liability in a Big Rig Accident, visit Michael J Brennan in Orland Park office 16521 s 106th Ct, Orland Park, IL, 60467. Call 708-586-4947 to book an appointment today.

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