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Intersection accident involving a car and a big rig semi truck.

Trucking Company Liability in Truck Accident Cases: What You Need to Prove

Establishing liability is a crucial step in the aftermath of a truck accident. But who is responsible? Is it the driver or the company behind them? Often, it's the latter. However, proving trucking company liability can be a challenging process. So, what exactly do you need to prove?

First, let's clarify what we mean by 'liability'. In legal terms, liability refers to the responsibility of a party for damages caused by an accident. It's about finding where the fault lies. When it comes to truck accidents, the liability can often rest with the trucking company.

Why Might a Trucking Company Be Liable?

Trucking companies are responsible for the actions of their employees under a principle known as "respondeat superior." This Latin term means "let the master answer," underscoring the accountability of employers for their employees' actions during their employment.

Trucking companies also must exercise reasonable care in hiring, training, and supervising their drivers. If a company fails in these duties, it can be held responsible for any resulting accidents.

What Do You Need to Prove?

To establish trucking company liability in a truck accident case, you must prove:

  1. Employment: The driver was an employee of the trucking company at the time of the accident.
  2. Negligence: The driver was negligent in their actions leading up to the accident.
  3. Cause: The driver's negligence was the primary cause of the accident and your injuries.
  4. Scope of employment: The driver acted within the scope of their employment when the accident occurred.

Each of these elements requires substantial evidence, often necessitating the expertise of experienced truck accident attorneys.

How Can Shamberg, Johnson & Bergman Help?

Our firm has a successful track record of holding trucking companies accountable for their negligence. We understand how complex truck accident cases can be and have the resources to investigate thoroughly and build a strong case on your behalf.

We don't just take on cases; we take on causes. We're here to ensure that justice is served and you get the compensation you deserve.

If you or a loved one has been involved in a truck accident, don't face this battle alone. Contact us today at (816) 542-5999 to schedule a consultation. Let our experience and expertise work for you.