With all of the merchandise delivery trucks, tanker trucks, and 18-wheelers on the roads and highways, big rig vehicle accidents can occur at any time. Who is legally responsible if you get hurt? Here is what personal injury attorneys look for when someone endures a commercial vehicle accident.

How Personal Injury Attorneys Establish Liability in Commercial Vehicle Accidents

Driver Liability

If a truck driver is negligent, such as driving while drowsy or under the influence, and the negligence caused your accident, the driver can be held liable. Drivers who own their trucks may have direct legal responsibility for all injuries and damages stemming from an accident. 

Company Liability

Many commercial truckers are company employees and others are independent contractors. If a negligent driver is an employee of a trucking company or business that owns a fleet of trucks, the company may be liable for injuries. Under the legal theory “respondeat superior,” employers are legally responsible for the negligence of their employees.

Truck drivers who are independent contractors might be liable directly, or their contracting company might be liable. Injury lawyers and courts look at the contract terms and the extent of control the company exercises over the driver to determine liability in such cases.

Manufacturer Liability

Personal injury attorneys know companies may be liable when the driver is not at fault. For example, a truck’s manufacturer may be liable for a defective part that causes a mechanical failure. Experienced injury lawyers examine cases from all angles to give their clients the best opportunities for recovering a full measure of damages.     

A commercial vehicle accident that lasts a few seconds can change a life forever. If you or a loved one is living with injuries from such an accident, a dedicated personal injury attorney at The Finkelstein Law Firm, PLLC in Goshen, NY, will fight for full compensation at every stage of the claim process. For more than 45 years in the Hudson Valley area, attorney Joel Finkelstein has represented injured individuals successfully by combining skill and compassion. To schedule a free consultation and speak with an experienced injury lawyer, visit their website or call (845) 294-9003.