The sheer size and weight of a commercial truck can cause significant damage in a collision. If you were involved in this type of incident, a truck accident attorney will help you seek compensation for your damages, including lost wages, medical treatments, and psychological suffering. Typically, you have the option of holding the driver and/or their employer responsible. While your truck accident attorney will determine who is liable, here’s some information to help you prepare for a consultation.

When to Hold the Driver Accountable

Truck drivers can be employees or independent contractors. The involved driver’s classification determines how a case should proceed. If they're an independent contractor, they essentially operate as their own business and may be legally responsible for their own actions. In this case, the company may not be liable for the accident.

There are also some cases in which a traditional employee may still be held accountable in court. Illegal actions, such as drunk driving or texting while driving, may constitute purposeful negligence. In this situation, it might make sense to sue the driver since the court may not deem their employer responsible.

The same principle applies to incidents that occurred while the driver was using their commercial vehicle for personal travel.

When the Trucking Company Is Responsible

Under the law, intent often dictates whether the accident was the driver’s or their employer’s fault. If the collision wasn't caused by the driver’s illegal actions and the employee was correctly performing their job, the trucking company can be held legally responsible. 

If the incident was caused by the truck’s cargo, the company that loaded the truck unsafely may also be liable. Accidents caused by truck malfunctions are also the company’s fault, as employers are responsible for maintaining their commercial vehicles. 

If you've been injured in an auto accident, turn to Egan & Richgels, S.C. in La Crosse County, WI. These truck accident attorneys boast over 30 years of experience working with personal injury cases. They offer honest guidance and dependable representation to drivers across the Coulee Region. Learn more about their experience with truck collisions online, or request a consultation by calling (608) 784-0087.