Handling the Devastation of a Commercial Trucking Accident in Delaware
In such a fast-paced society, the transportation of goods is vital to maintaining our lifestyles. Unfortunately, there are several reasons why large commercial trucking accidents occur, and they are almost always among the most damaging wrecks. In the event of being involved in a commercial trucking accident, it is important to understand why they happen and who is liable for damages in Delaware.
Top Reasons for Commercial Trucking Accidents in Delaware
It is sad but necessary to realize that statistically, one out of nine traffic fatalities were the result of an accident with a large commercial truck in Delaware, according to a 2006 study. The damages are generally severe due to the size and power of large trucks. While many of these accidents are caused by driver fatigue or other violations of federal transportation stipulations, there are often other factors.
The company and workers who load their trucks sometimes play a big role in these types of crashes. The improper loading of a truck which can easily cause the vehicle to overturn due to shifting weight is one common occurrence. Improper loading also includes overloading, which is often a cause of serious crashes as well since the additional weight makes it much more difficult to stop the truck. Faulty equipment and poor maintenance of the vehicle are two more reasons why large commercial trucks sometimes severe auto accidents.
It can help a bit just to know why you may have been involved in an accident with a large truck, but that knowledge does little to ease the new financial burdens you are likely suffering. In addition to acquiring a highly skilled personal injury attorney, you will need to know exactly who should be held liable for your compensation.
Is the Trucking Company Responsible for Damages?
In Delaware, most truck accidents which are found to be the fault of the truck driver or the truck itself will leave the employer/trucking company liable. This is detailed by a legal term known as, “respondeat superior,” which actually translates into, “let the master answer.” In turn, this means that yes, the trucking company is held accountable for the actions of their drivers and the performance of their trucks.
There are only a few exceptions to this, and they all apply to the same idea. The trucking company is only held liable if the driver is determined to be operating the truck for the employer. If the driver is using the truck for personal reasons such as a drive home for break, then the employer is not accountable for the accident. If the truck accident happened during regular working hours, and exactly where the driver was driving at the time of the crash may change the company’s liability.
Regardless of when, where, and why the accident occurred, the damages and injuries that result are typically severe. At Edelstein, Martin & Nelson, we understand that the varying factors legalities behind your injuries may not comfort you very much. All of the reasons why and who is held liable is our job to handle in order to get you the maximum amount of compensation for your injuries. If you have been injured in a commercial trucking accident, call us at (302) 295-5050 to schedule a free consultation today.
Sources:
https://www.nhtsa.gov/portal/site/nhtsa/menuitem.a0bd5d5a23d09ec24ec86e10dba046a0
