Employer Liability
A truck accident represents a serious financial burden to victims and their families. Medical bills and lost wages can take a toll, and the emotional ramifications of an accident can persist over months or even years. Finding the party responsible and demanding fair compensation for your losses is the first step in recovery. If you or a loved one suffered injuries in an accident with a commercial motor vehicle, contact Fine Law Firm to schedule a free review of your legal options.
Why Choose Fine Law Firm?
- Our New Mexico attorneys bring 40 years of experience and a 99% success rate to your case.
- Our law firm has an established reputation in the community as leaders in law. We often speak at local universities and to other members of the Bar Association.
- We operate on a contingency basis, which means you will not owe any attorneys’ fees unless we obtain a settlement for your case.
- Our attorneys are courtroom tested. We take on the big corporations and pursue litigation if it means securing fair compensation on your behalf.
Who Is Liable in a Truck Accident?
One of the most important determinations in a truck accident injury case is finding the party at fault for a victim’s losses. Typically, the two main possibilities are the trucker and his or her employer.
Commercial motor vehicle owners and operators must comply with federal rules and regulations set forth by the Federal Motor Carrier Safety Administration. Failure to do so lays the groundwork for negligence. Several, common errors may point to driver liability:
- Fatigued driving
- Violation of Hours of Service
- Driving under the influence of intoxicating substances
- Improper loading of cargo
- Failure to log or repair mechanical issues
Trucking companies are equally responsible for following the rules and regulations. In many cases, it is the employer of a trucker, not the operator, that is proximally responsible for a truck accident victim’s injury.
To shield themselves from liability, some trucking companies try to hire their drivers as independent contractors. An examination of the nature of their work, however, often reveals that they are not legal contractors. Often, trucking companies have too much power over a driver’s hours to hire them as independent contractors – they are actually employees. As such, the trucking company will be liable for their actions.
Damages Available in Trucking Accidents
Following a truck accident, a victim may be able to hold a truck operator’s employer accountable for both material and immaterial losses. Two main categories of recovery exist:
- Economic damages provide compensation for the tangible losses associated with the accident – medical bills, loss in income and earning capacity, and the projected cost of future medical care are good examples.
- Non-economic damages seek recompense for the intangible losses a victim suffers as the result of the accident – physical pain and suffering and loss in life quality, for example.
Why You Need an Attorney
Trucking accidents involve matters of federal law and complex insurance negotiations. An attorney is essential to navigating the legal process by:
- Determining the party responsible for the accident, whether it is a driver, his or her employer, or another party such as the vehicle’s manufacturer or even a municipal entity.
- Demanding fair compensation for the full worth of losses a plaintiff suffers, arising from both material and immaterial damages.
- Negotiating with the insurance company, so the victim can focus on recovering from his or her injuries.
If you or someone you love suffered harm in an accident with a semi-truck, the employer may be responsible for the losses you incurred. Contact us today to schedule a free initial consultation.