One of the most well known laws of life is “Accidents Happen”. No matter how safe you are, you can never completely avoid them. What is an accident? Sometimes it’s bumping into someone. Other times it’s destroying a sedan when backing up a semi-truck. That’s the thing about semi-trucks. It is rare for a little damage to come from their accidents. Most cases it’s an entire front end missing at least.
When the family sedan belongs to you, you want compensation for that accident. Who do you get it from though? From the driver of course. Only it’s not so obvious because he might not be liable. It is often times the company held liable for it. What did the company do wrong? Nothing , but that’s how the law works. Is the company always liable? Not always. There are two main factors that have to be considered.
Is the driver an employee or a contractor.
Was it accidental or intential.
On the first point, an indepentent contractor is not covered by the company. If they get in an accident, the driver is liable. An employee, though, is not held liable. The company is the one that would handle the lawsuit. But what if they meant to back up into your family car?
That leads us into the second point. The company is only liable if the damage was accidental. If the driver backed up ready to ruin your day, it’s on them. The company can’t be liable for dilberate actions. Unless they told them to do it. Since that is unlikely the liability is on the driver.
If you get injured in an accident involving an commecial vehicle, contact Ward T. Berg. Commercial vehicles can cause serious injury. So get a serious attorney to handle your case.