Trucking Collisions Present Unique Issues in
Choosing Who to Sue
Vehicular collisions involving trucks present a unique situation under current legal doctrines as they relate to civil lawsuits. Trucks operate on the roadways for purposes of business and commerce. Drivers are employees of the larger trucking company for whom they commute. Any negligence or personal injury that drivers cause can be imputed to their employer under the doctrine of respondeat superior. This Latin phrase literally means “let the master answer.” Any plaintiff injured in a trucking collision may have a cause of action not just against the driver directly responsible in the accident; the driver’s employer trucking company may also be answerable under civil just principles, as well.
Trucking collisions are commonly the result of negligence on the part of the driver. Many drivers choose to operate heavy big rigs under extreme fatigue, as strict deadlines and sensitive cargo require many truck operators to drive through the night to arrive at their destinations on time. Truckers under such stress are less likely to react as quickly as more alert drivers, and collisions commonly occur when a truck driver does not have the time to avert his rig from danger.
Trucking collisions can also happen as a result of dangerous or faulty parts installed on the truck, whether in the engine and transmission or on the larger rigging equipment used to connect the truck and its cargo. In this situation, the plaintiff will be better served by suing the truck manufacturer under the concept of strict products liability, which is a concept that provides plaintiffs an easier method of recovery against large manufacturing corporations.
A Gwinnett and Marietta personal injury attorney will be very experienced in the nuances and variables present in any trucking collision and will be able to direct the plaintiff toward the proper defendant to sue for damages. Sometimes, the facts are not clear which defendant is to blame, whether it is the driver, his employer, or the truck manufacturer. If this is the case, a plaintiff is free to sue all three until the facts are unraveled to reveal the true culpable party.
If you or a loved one suffered injuries from a truck collision, you should exercise your rights under the civil justice system. Anyone sustaining injuries from the acts of another should never suffer in silence. Give Braun and Ree, LLP, a call today to go over the facts of your case.
