You are involved in an accident involving the commercial trucks, especially the tractor trailer trucks. You realize that the truck has caused a lot of damage to not only your vehicle but also you and your co-passengers suffer from severe injuries. In such a situation, you file for compensation with the insurance company of the truck driver. You get a big shock when you get the feedback that the truck driver does not have the requisite financial resources to pay your claim. This is when you approach a good Injury Lawyer in Kitchener who has the requisite experience in successfully dealing with the truck accident cases and is able to get his/her clients adequate compensation.
You must always remember that your negligent claim is only worth what you can recover from the defendants.As the truck driver is unable to compensate your losses, your attorney will have to look for other parties who can be potentially held responsible for contributing to the accident. Mostly it is the carrier or the manufacturer depending on the circumstances. But to prove your case, Injury Lawyer in Kitchener will have to prove the connection between the responsible party and the accident involving you.
Some of the common theories used are employer liability, lease liability, negligent hiring, retention or entrust either against the insurer or the carrier, negligence in inspection, repair or maintenance or violations of the safety regulations as laid by the Federal Motor Carrier.
Employer liability
As the employer is responsible for the acts of his/her employees including negligence, he/she should be held responsible for the truck driver’s accident. But this theory will hold well only, if you can prove that the truck driver was an employee of the carrier. But there are many carriers who try to avoid this liability by not employing the truck drivers. Instead, they hire the truck drivers as independent contractors. Your Personal Injury Lawyer in Kitchener will have to take this fact into account while filing the lawsuit.
Lease liability
The carrier can be held responsible only if the truck is leased to the driver. This is because, under the federal rules, the carrier has exclusive and complete possession of the leased truck.
Negligence in hiring, retention or entrust
The carriers have to perform a duty towards the society by not hiring, retaining or entrusting any driver who may potentially cause harm to others unreasonably. If there is proven record of negligence or causing harm to others, then the carrier should not hire the said driver. Moreover, the carriers are duty bound to take steps that would ensure that the hired truck drivers do not endanger the safety of the public. The insurers also have a large role in the hiring process as they have to ensure that the carriers are insurable.
The federal regulations also require the carriers to ensure regular and detailed inspections of the trucks and also keep updated and detailed records of the maintenance of the truck. If the carrier is unable to produce such records on the demand of Personal Injury Lawyer in Kitchener, then the carrier can be held responsible and liable to pay the compensation. Visit Here: ABPC Personal injury Lawyer
Some of the common theories used are employer liability, lease liability, negligent hiring, retention or entrust either against the insurer or the carrier, negligence in inspection, repair or maintenance or violations of the safety regulations as laid by the Federal Motor Carrier.
Employer liability
As the employer is responsible for the acts of his/her employees including negligence, he/she should be held responsible for the truck driver’s accident. But this theory will hold well only, if you can prove that the truck driver was an employee of the carrier. But there are many carriers who try to avoid this liability by not employing the truck drivers. Instead, they hire the truck drivers as independent contractors. Your Personal Injury Lawyer in Kitchener will have to take this fact into account while filing the lawsuit.
Lease liability
The carrier can be held responsible only if the truck is leased to the driver. This is because, under the federal rules, the carrier has exclusive and complete possession of the leased truck.
Negligence in hiring, retention or entrust
The carriers have to perform a duty towards the society by not hiring, retaining or entrusting any driver who may potentially cause harm to others unreasonably. If there is proven record of negligence or causing harm to others, then the carrier should not hire the said driver. Moreover, the carriers are duty bound to take steps that would ensure that the hired truck drivers do not endanger the safety of the public. The insurers also have a large role in the hiring process as they have to ensure that the carriers are insurable.
The federal regulations also require the carriers to ensure regular and detailed inspections of the trucks and also keep updated and detailed records of the maintenance of the truck. If the carrier is unable to produce such records on the demand of Personal Injury Lawyer in Kitchener, then the carrier can be held responsible and liable to pay the compensation. Visit Here: ABPC Personal injury Lawyer
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