A trucker or trucking company is responsible for your cost if the actions of the truck driver were negligent and caused injury to person or property. This blog post discusses trucking crash cases in the Commonwealth of Kentucky.
The Trucker Must Be At Fault Or Partially At Fault
To recover the truck driver needs to be negligent. Truck drivers must drive in a reasonable and prudent manner and avoid collisions with other vehicles. This means they must follow the rules of the road. If a trucker hits you make sure to call the police. Take pictures of the damages, insurance cards, license, and other relevant facts. It is imperative you get all the information from the other driver (if the police refuse to show up to the crash).
Truck drivers and trucking companies have a tendency to dispute liability/fault. They do this because their livelihood is at stake. I have many trucking crash cases where the police report or facts of crash are relatively straightforward, but the trucking company, insurance company, and truck driver do not want to accept responsibility for the crash. This results in more lawsuits.
It is important to note that the police report does not dictate the outcome of your case. Police reports are hearsay.
It is rare that trucking crash results in minimum damages. People are significantly injured while involved in a truck crash due to the size of the truck. Brain injury, surgery, fractured bones, and death are all commonplace in a truck crash case.
What Are Costs
In litigation, costs are what your lawyer spends on a case. I am not using that definition of costs for this post because I believe the real question to be damages. This includes things like pain and suffering, medial bills and lost wages. A trucker or trucking company is responsible for those damages if they are negligent and cause the damages. Damages can be simple like hospital visits or complicated like a lifetime of follow up treatment.
Trucking Company Versus Trucker
The trucking company is responsible for the actions of their employees. This is sometimes called vicarious liability. The trucking companies have insurance on their vehicles and the insurance company defends the trucking company and the trucker. I have had cases before where the trucker goes missing but the company remains involved. Trucking cases are complicated. For a free evaluation of your truck crash case.
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