When a motor vehicle collision involves one or more large commercial trucks, then it has the potential to lead to a truck collision lawsuit. Large commercial trucks include semi-trucks, cargo trucks, delivery trucks, transport trucks, and big rigs among others. Pick-up trucks are not included, and neither are SUVs.
Since the average commercial truck comes in at a total weight that is more than twenty-five times that of an average car, while also being massive in size, it is no exaggeration when we say that collisions involving such a vehicle can be absolutely devastating.
Determining Liability In The Aftermath of A Truck Collision
The modus operandi of determining liability in such a collision is pretty much identical to that of determining fault in other motor vehicle collisions. Witness testimonies, police reports, vehicular damages, photographic evidence and video footage, accident reconstructions, and other forms of evidence will all be considered in order to come to a sound conclusion.
Specifically, in truck collisions, dash cam footage is often a great source of evidence. These days, the majority of truck drivers will have a dash cam installed, either by their own choice, or because the trucking company they work for requires it. As a result, they can be extremely helpful in determining liability by providing undeniable, unbiased video evidence. Your lawyer might be interested in seeing it
Personal Injury Damages
In the event that the truck driver intentionally caused the accident, or if they were an independent contractor, not a trucking company employee, it will be them who is held liable for any injuries sustained by the other driver. If the opposite is the case, and the accident was not intentionally caused, and they are a trucking company employee, then it will be their employer who could be held liable, not them. The personal injury lawyer in Oakville hired by the plaintiff will ensure that all documentation is done and the liability is proven based on the available evidences.
This is because of the respondeat superior theory, which states that the employer is to be held liable if an accident was unintentionally caused by one of their employees. This may seem unfair at first, but upon closer examination, it can become clear why the trucking company should be held responsible in certain cases. Here are some examples:
• Many trucking companies encourage employees to drive unsafely in order to meet unreasonable deadlines.
• Drivers are also often pushed to extend driving periods beyond what is legally permitted by federal and state legislation.
• Trucking companies will sometimes hire employees without checking for a criminal history, subjecting them to a driving test, and doing similar safety screenings.