Trucking accidents can result in serious injuries and emotional trauma. Depending on the circumstances of the crash, a personal injury lawyer may recommend taking action against the driver, the company who hired them, or both. Here are some factors your attorney will consider to help you determine who may be held liable for your damages.

When the Truck Driver Might Be Responsible

Whether the driver can be held legally responsible for your losses depends primarily on their employment status. Many truckers are independent contractors who own and operate their own vehicles. In these cases, the trucker is self-employed, so your personal injury lawyer may decide to take action against them alone.

You may also be able to take action against the driver if they were breaking the law at the time of the crash. For instance, driving under the influence, violating federal trucking regulations, or acting with intentional malice might be grounds for liability. In this case, your personal injury attorney may recommend holding them accountable even if they’re employed by a company, as their actions might’ve been to blame.

When the Company Can Be Held Liable

Personal injury law generally follows the principle of respondeat superior, which means “let the superior answer.” Under this philosophy, a company can be held responsible for any damages caused by their employees during the normal course of their duties.

If the trucker who hit you was working on-staff as an employee, driving a vehicle owned and operated by their employer, you might be able to take action against the company itself. As long as the incident occurred while the trucker was operating within their normal scope of employment, you may have grounds for suing them even if the negligence or recklessness was displayed by the driver. This is also the case when the problem that caused the accident was a result of improper truck maintenance, as vehicle owners are responsible for upkeep.

For a personal injury lawyer who will give your case the individualized attention it deserves, turn to Henry & Williams P.C. Thanks to their dedication to accident victims throughout West Plains, MO, and the impressive settlements they’ve received on behalf of their clients, they were invited to join the Million Dollar Advocates Forum® and the Multi-Million Dollar Advocates Forum®. Visit their website to learn how they will help after a truck accident, or call (417) 256-8133 to schedule an initial consultation.