You may have the right to sue the trucking company if you were injured in a collision caused by their trucker. There are more commercial tractor-trailer trucks on the road than ever before, and there are also more motorists like you sharing the same roads. For this reason, it is essential to bring the liable party to justice if you want to do your part to reduce the number of trucking accidents on the roadways in the future.
Shelly Leeke Law Firm can review the hazards that commercial trucking may present to the average motorist. Many factors, including trucking company negligence, can contribute to the accident you have been involved in. If you have been injured in a large truck collision, your dedicated North Charleston truck accident lawyer can guide you through the process of determining who may be liable for your damages.
Identifying Liable Parties and Their Responsibility to Your Damages
To sue a trucking company for your damages, working with your personal injury attorney in South Carolina must prove that the company or an agent acting on behalf of the company committed negligence that led to your accident. This can be a very daunting task to undertake without counsel. However, there are some ways that liability may fall on the freight carrier itself.
Employees of the Trucking Company
When an employee is working at the time of the incident, they are considered an agent of the company. If the accident occurred while the employee was acting on behalf of the company, for example, on an official delivery, the company itself could be considered liable for its actions. However, if the employee was running a personal errand at the time of the collision, this may not prove the company liable for the incident.
Employees can also act as witnesses for you, as the plaintiff, if they have observed their employer ignoring federal regulations or enforcing unlawful practices. A thorough investigation can help determine if anyone who had previously stayed silent to preserve their jobs. Workers may also be hesitant to go to court due to fear of being fired, but their conscience may also compel them to testify on your behalf due to the circumstances of your accident.
Maintenance Providers
The repair and maintenance of tractor-trailer trucks can be done by the company itself or by a third-party contractor. If the trucking company does its own maintenance and damaged parts of the truck directly resulted in the crash, this is another instance in which the company could be proven at fault. Discovering this information is one of many reasons why having a knowledgeable attorney investigating your case is so important.
Motor freight carriers may also outsource many of the daily activities required for efficient operations, including the repair and maintenance of their fleet. When a third party is responsible for repairing damaged or faulty equipment, they can share liability with the parent trucking company if it can be proven that they used substandard methods or defective parts. The parts manufacturer may also be held accountable if they have knowingly supplied faulty parts.
Trucking Rules and Regulations
The Federal Motor Carrier Safety Administration (FMCSA) is the federal government agency that oversees all commercial trucking in the United States and has specific guidelines that outline the maintenance and inspection laws. The investigation by your truck accident lawyer may also uncover witnesses or employees who can testify to any negligent behavior in which the company engages. When companies practice unlawful behavior or fail to inspect and maintain their vehicles properly, their negligence may directly result in tractor-trailer crashes, and they should be held accountable to the fullest extent of the law.
The state and federal governments mandate commercial truck standards and inspections. While the trucking company is responsible for knowing and understanding the many regulations to which they must adhere, investigating whether these regulations are being followed is where a legal advocate can be instrumental. Our legal team is well-versed in discerning which regulations, whether federal or from the state of South Carolina, may have been violated and led to your collision.
Commercial Vehicle Inspections
By federal law, commercial vehicles must be inspected every year to comply with regulations. Most trucking companies also require pre-trip inspections to ensure the vehicle can be safely operated on the road. While the vast majority of freight carriers do perform these inspections as required, when those inspections are completed hastily or ignored, this can create an element of negligence on behalf of the trucking company itself.
The Value of a Lawyer in Investigating Facts and Interviewing Witnesses
A truck accident law firm working on your behalf is critically important to discovering all the facts of your case and identifying all liable parties. Many companies retain teams of defense lawyers to shield them from any responsibility their company may share that resulted in your accident. Do not be intimidated by retaining counsel to represent you if you have to go to court.
We can be a pivotal resource in identifying pertinent facts, interviewing witnesses and employees, and determining how these factors relate to your case. If the truck had been improperly maintained or inspected, the company may be directly responsible for your damages. The importance of a dedicated personal injury firm in uncovering this information cannot be understated.
Individuals who testify against their employers take great personal risk, especially if there is no intrinsic benefit for them. Fortunately, some people believe in the truth and the United States judicial system and may come forward simply because it is the right thing to do. Our legal team has the skills and investigative prowess to find anyone who has witnessed wrongdoing by their employer and encourage them to come forward and share their experience.
Contact Our Law Firm Today to Explore Your Legal Options
At Shelly Leeke Law Firm, we pride ourselves on our abilities to seek justice for you and your family with empathy, rigorous investigation, and unrivaled professionalism. With over a decade of experience in South Carolina personal injury law, we can do everything possible to achieve the outcome you deserve for the economic and non-economic damages you have sustained. Call our team now or fill out our convenient contact form for your free, no-obligation consultation today.
