Liability For a Commercial Vehicle Accident | Carlsbad Attorney

Commercial vehicle accidents in Carlsbad, New Mexico can take various forms. For example, an employee could be injured in a collision while driving a company car to meet a client. On the other hand, there are times it is the commercial vehicle that causes the collision; take, for instance, the thousands of 18-wheeler accidents every year. Victims of commercial vehicle accidents in all instances deserve financial compensation for their injuries. The difficulty, however, is inadequately establishing liability for a commercial vehicle accident.

If you were injured while operating a commercial vehicle or if a commercial vehicle caused you or your loved one’s injuries, it is important that you contact a qualified Carlsbad commercial vehicle accident lawyer as soon as possible. With the help of your attorney, you can identify the liable parties and receive financial compensation for your injuries.

Who is Liable in a Commercial Vehicle Accident?

One of the most important steps towards your financial settlement is establishing who is responsible (or liable) for your accident. Make sure to relay all the necessary facts of your collision with your Carlsbad truck accident attorney. Your lawyer can even request copies of the police accident report and witness testimonies in order to build a stronger case.

Most likely, the party who can be held liable for your commercial vehicle accident is one of the following:

• Driver of a commercial vehicle
  • Was the driver driving their own vehicle? Did they receive any employment benefits from their employer? Did their employer withhold taxes from their paychecks? If the answer to these questions is “no,” most likely the driver was an independent contractor.
  • If the driver is an independent contractor and not directly employed by the trucking company, they can be held wholly responsible for their actions on the road. Even in the case that a commercial vehicle driver is directly employed, if a collision is caused by their intentional wrongful act, it is unlikely that their employer will be held liable.
• The commercial vehicle driver’s employer
  • “Respondeat superior,” Latin for “let the superior answer,” is the legal precedent by which employers can be held liable for their employee’s actions. In the case of a commercial vehicle accident, if a contracted employer causes a collision while driving within the scope of their employment, the liability could lie with the trucking company.
• Commercial vehicle manufacturer<
  • If a collision occurs because the commercial vehicle is defective, the liability could fall to the vehicle manufacturer. If your attorney can prove that the manufacturer was either negligent in their safety standards or knowingly sold faulty vehicles, they can be held financially for the damages their negligence caused.
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• Other drivers
  • If you are a commercial driver and you were injured while driving for your employer, the party(ies) who caused the collision can be held liable for any and all damages.

While these are the most common parties that are liable for commercial trucking accidents, other possibilities could include trucking hiring agencies, departments of transportation, or commercial drivers licensing agencies.

Trust Carlsbad Attorney James Shaw with Your Potential Claim

If you or a loved one were injured in a commercial vehicle accident, contact the offices of Carlsbad commercial vehicle accident lawyer James Shaw. With nearly three decades of legal experience under his belt, Carlsbad attorney James Shaw has served accident victims like yourself with the passion, determination, and care they deserve. He has devoted his career to specializing in personal injury and trucking accident law so you can be confident your commercial vehicle accident claim will be handled by an expert.

If you would like to schedule a no-cost, no-obligation consultation with this experienced Carlsbad truck accident attorney, call our office toll-free today at 1-800-555-0101. You can also learn more about James Shaw and his professional accomplishments at his page on our website.

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