Trucking Company Liability
Commercial trucks are a common sight on the roads and highways throughout Tennessee. Generally, though, the drivers operating the trucks do not own them. Rather, trucking companies usually own the trucks and often train drivers to operate them on behalf of the company. As such, in many instances in which a person suffers injuries in an accident with a commercial truck, the person will not only be able to pursue damages from the driver of the truck, but may also seek compensation from the trucking company. If you or someone you love sustained injuries in an accident with a commercial truck, you may be able to make a legal claim. Eric Beasley is a capable Nashville truck accident lawyer dedicated to helping parties injured in vehicle crashes seek recourse for their harm, and we will work tirelessly to hold anyone that contributed to your injuries accountable. Mr. Beasley frequently represents people in lawsuits arising out of trucking accidents in cities throughout Middle Tennessee.Trucking Company Liability for Trucking Accidents
People who suffer harm in a trucking accident may be able to recover damages not only from the driver that caused the accident, but if the driver was employed by a trucking company at the time of the accident, from the trucking company as well. Generally, a trucking company may be deemed directly liable for a person’s harm, or vicariously liable for the harm caused by the employee truck driver. While the precise claims asserted in a lawsuit against a trucking company will vary depending on the facts of the case, in most situations, the plaintiff will assert a negligence claim against the company. In Tennessee, to recover under a theory of negligence a plaintiff must show that the defendant owed the plaintiff a duty to act with reasonable care under the circumstances, but that the defendant’s acts or omissions constituted a breach of their duty. The plaintiff must also prove that the breach caused his or her harm.
In cases involving trucking accidents, the duties owed by a trucking company include properly vetting drivers before allowing them to drive on behalf of the company to prevent the risk of harm to other motorists and passengers. This includes conducting background and driving record checks, and ensuring a driver has adequate training. A trucking company that fails to properly evaluate a driver’s capabilities may be liable for negligent hiring. Similarly, if a driver is hired and a trucking company becomes aware that the driver may not be able to operate a truck safely but retains the driver regardless, the trucking company may be liable for negligent retention. A seasoned truck accident lawyer can assess your case to determine whether a trucking company may be directly liable for your harm.Vicarious Liability for a Trucking Accident
Even if a trucking company is not directly liable for the harm caused by an accident, it may be vicariously liable for the harm caused by the driver under a theory of respondeat superior. In other words, if the truck driver is deemed negligent, the trucking company can be liable for the driver’s negligent acts if the driver was acting within the scope and course of his or her employment at the time of the accident. In other words, the plaintiff must show that at the time of the accident, the driver was undertaking acts that he or she was hired to perform on behalf of the company, within the parameters of his or her job description. In many cases, a trucking company will attempt to evade liability by arguing that a driver was acting outside of the scope of his or her employment.Confer with a Skillful Truck Accident Lawyer in Nashville
Trucking companies have a duty to prevent their drivers from posing a risk of harm to other people on the road, and they should be held accountable if they breach that duty. If you or a loved one were injured in a trucking accident, it is prudent to confer with an attorney to discuss your case. Eric Beasley can advocate aggressively on your behalf to help you seek the damages you may be owed. Mr. Beasley has an office in Goodlettsville, and he frequently represents people in lawsuits arising out of trucking accidents in Nashville, as well as in Hendersonville, Lebanon, Goodlettsville, and Murfreesboro. Mr. Beasley also represents people in cities across Rutherford, Davidson, Williamson, Sumner, Wilson, and Robertson Counties, and throughout Middle Tennessee. You can contact Mr. Beasley at (800) 431-2768 or via the online form to schedule a meeting.