PROVING LIABILITY IN A COMMERCIAL VEHICLE ACCIDENT

Once the appropriate target has been identified, their negligence must be proven by legal standards. The investigation into who was liable often yields evidence into proving it. An example might be a subpoena for driving records. A company that overscheduled its drivers has acted negligently. The investigation into the quality of the mechanical oversight can result in similar evidence of breach of duty. And there’s always the methods of investigation applicable in other accident cases, that include contacting witnesses on the scene, reviewing traffic camera footage, poring over police reports, and securing valuable testimony. 

WHO IS LIABLE IN A COMMERCIAL VEHICLE ACCIDENT? 

The company that owns the vehicle is certainly a logical place to start. Firms are legally responsible for the actions of their employees. But there are several normal scenarios that can make this more complicated. 

For example, what if a subcontractor was responsible for loading the vehicle, and the accident was caused by objects flying out of the back? Now, the subcontractor is responsible. What if the problem was caused by faulty brakes or some other part of the vehicle that a subcontractor was responsible for maintaining? Again, the fault lies with someone other than the firm that owns the vehicle. 

A company is certainly responsible if they put an unqualified driver behind the wheel. But what if the firm ran the driver’s name past their own insurance company (a common practice in commercial driving) and got the approval? Now, the insurance underwriters might be the liable party? 

Finally, a lot of drivers are freelance operators. There are cases where the simplest solution is the answer—the driver is at fault. 

Getting the right answer can involve some serious investigating. It takes real commitment on the part of legal counsel and their staff to come up with the right answer. The answer to the question of who is liable is fundamental to the success of the lawsuit. Litigation that targets the wrong party will fail because that party is not at fault. That means an injured plaintiff won’t get the settlement they need and deserve. 

Reach out to our Shreveport commercial vehicle accidents attorney today by calling (318) 220-4095 or by filling out our online contact form today.