When is a Commercial Truck Driver Liable After an Accident?
In the aftermath of a Phoenix large truck accident, determining fault must take place. When it comes to figuring out who is responsible for paying damages to victims, many parties could hold blame in a large trucking accident. It comes down to the details of the case and a thorough examination of the evidence that exists to assign fault and to put a value to an Arizona personal injury claim. If you were injured in a Phoenix large truck accident it is important to know that not every personal injury attorney will do when it comes to securing the most compensation possible. It is imperative that you work with an experienced Arizona large truck accident attorney who has argued many of these cases because there are several aspects that make them different from passenger vehicle crashes. These differences also make them highly complex and challenging to litigate.
How to Determine if a Large Truck Driver Was At-Fault for an Accident?
When two passenger cars collide, most of the time the drivers of the cars will be directly to blame for the incident. Then, it comes down to figuring out by what percentage one driver is more responsible for the crash than the other. This is not the case with large commercial truck accidents. The driver of the truck in a crash isn’t always immediately to blame and liable for the damages.
If the truck driver was acting within the scoop of his or her employment when the accident took place, it is likely that they won’t be found liable for the resulting damages. In this situation, the courts are often going to apply liability to the trucking company that the individual who was operating the truck at the time of the crash drives for. The court will look at a large truck accident case and ask the following:
- What was the intent of the employee at the time of the crash?
- What were the nature, the time, and the place of the truck driver’s actions?
- What was the scope of work that the employee was hired for?
- What are the reasonable expectations of an employer from their employee?
- How many liberties does an employer allow an employee while on the job?
If the employee wasn’t behaving in a way suitable for the job that they were doing and acting in a way that they were expected to be acting when a crash takes place, they could be found liable for an Arizona commercial truck accident.
Speak with a Large Truck Accident Attorney Today
Regardless of where the fault lies, whether it is with the truck driver, the trucking company, or the company that manufactures the goods which are housed in the truck, a victim of one of these devastating accidents needs to be fully compensated. You deserve to obtain payment for all the many damages you suffered after an Arizona large truck accident. Call the Phoenix large truck accident lawyers at ELG today to schedule your free consultation at (623) 877-3600. ELG also offers the option of remote intake.