The average semi truck, when loaded with materials and product, weighs over 70, 000 pounds! This means that if involved in a car accident or collision, a loaded semi truck can do a lot of damage to any cars, people, or property involved. Lost wages, medical expenses and emotional trauma are all compensatable reasons behind a settlement. If you were involved in a semi truck collision, you may find yourself questioning who will be responsible for paying for the settlement and who will be held liable for the crash. It is actually the legal duty of the trucker to stay on alert and drive defensively, obeying all of the rules of driving. In the state of Georgia, specifically, truckers are known as “common carriers”, a term defined as individuals who have the mandatory duty to be diligent while driving and are liable as insurers unless fault is not determined. Truckers are usually found to be at fault because of their level of duty to others on the road. In court trials, jurors more often than not award compensation to victims of large truck collisions that to the truckers. Because many truckers have an assortment of rules and regulations to follow, the negligence associated with their causing or being involved in an accident is more severe and ultimately provides a shortcut to passing fault onto the trucker.
Third Party Liability
A rule called the “respondeat superior” is commonly used in large truck collisions, as a personal injury lawyer Brooklyn NY trusts can explain. This rule allows plaintiffs to have an additional income to cover their recovery expenses. Many truckers do not have personal insurance that can cover all of the damages that can occur in these cases, so this is great news. The rule is composed of three tiers: The employee, the course of employment, and foreseeability. Foreseeability is when a victim has a foreseeable result of the accident. An injury is an example of this. Course of employment defines any type of worker that provides a service that benefits their boss. This can include a trucker hauling any type of materials. Lastly, employees must be currently working for the company that owns the semi truck or paid the trucker to drive it. If an employee gets into a car accident or is determined to be the faulty and negligent driver, the company they work for is often required to pay for any damages incurred. Any damages incurred in semi truck accidents usually include medical and emotional trauma compensation for both of the drivers.
Thanks to our friends and contributors from The Law Offices of Laurence C. Tarowsky for their insight into truck accident practice.