Trucking Company Liability for Wrongful DeathIn this video, experienced personal injury lawyer Brad Morris discusses trucking company liability for wrongful death. Contact our office for more information.
Is the trucking company liable for an accident that caused wrongful death?
Over the course of my practice, we have represented a number of families who have lost family members as a result of accidents involving tractor trailers, 18-wheelers, or other large commercial vehicles. One of the questions that invariably comes up in those situations is whether we will be pursuing a claim against the driver of the truck or whether we will be pursuing a claim against the trucking company. I think that’s a questions that naturally a lot of people have, just wanting to understand their claim and how it will be moving forward and what’s involved.The answer to the question is, usually, we’re going to be pursuing against both, where a driver is driving a company vehicle involved in a crash. That could be true, frankly, even if it’s in a regular passenger car. If that driver is on the job at the time of the wreck, and it’s a company-owned car, you would likely pursue an action against the driver and the company that they work for, but that’s especially true when we’re talking about tractor trailer cases. The reason for that is there’s a notion under the law that when you have an employee or an agent of an employer or a company who is out working in the course of their job for that employer, and they hurt someone as part of doing their job, it’s the employer who ends up having liability for that injury.This really comes into play particularly in the context of tractor trailer crashes, and especially wrongful death actions, where someone has died as the result of misconduct or actions by a truck driver or trucking company. Typically, you’re going to want to pursue the claim against both that driver and the trucking company, although usually, at the end of the day, it’s going to be the trucking company itself or their insurance carrier that’s going to be responsible for those injuries and for paying the claim. This is just a prime example of one of the many nuances that are involved when you’re dealing with a case where a tractor trailer or other large commercial vehicle has injured or killed someone.These are unique cases. You really need an attorney involved who has specialization and experience in that particular type of case, because who you file the claim against and how you go about the claim does matter. By way of example, to distinguish from what I just said, there could be a situation where the truck driver actually owns that truck himself and is self-employed or has his own business and is driving and just working as a contractor or freelancer doing loads. That would be a different situation, possibly, than the first example given because the company that you’re hauling the load for may not be viable in that sense because the driver is not actually employed by them. It just really depends on the circumstances.Having an attorney with experience in this particular type of case, in a tractor trailer death case, is so important to getting full value and justice for your claim. If you have that type of situation, Brad Morris Law Firm is here and available to answer your questions. We never charge for an initial consultation on personal injury cases, and our main goal is to try to get you answers you need and get you the help you need. I hope this information is helpful for you here today.
Have you lost a loved one in a commercial vehicle wreck and have questions about trucking company liability for wrongful death?Contact the experienced Mississippi truck accident attorneys at Brad Morris Law Firm, PLLC today for a free consultation and case evaluation.Let our experience work for you.
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