Getting a Truck Accident Settlement: Determining Employer Responsibility
If you were injured in a truck accident, you could be due compensation for your injuries, lost income, and other damages. Unfortunately, claims involving commercial trucks are often very complicated. While the driver may have had a hand in causing your wreck, there are other parties who may also hold liability, including the driver’s employer. Are you seeking a truck accident settlement? Consider employer responsibility in your collision.
There could be employer responsibility in your accident if:
- The driver was not fit, licensed, or qualified to be operating the vehicle.
- The driver was working in violation of Hours of Services regulations.
- The truck involved was poorly maintained or serviced.
- The truck’s cargo was improperly loaded or balanced.
- The driver was not properly trained.
If any of these are true in your case, you may be able to seek a truck accident settlement not only from the at-fault driver, but from their employer as well.
Filing a Claim
If you’re considering filing a claim for the injuries you sustained in a truck wreck, it’s important to contact a qualified legal professional as soon as possible. Trucking companies are notorious for destroying records and paperwork that could incriminate the company or its employees in a wreck. An attorney will be able to issue a spoliation letter, which notifies the trucking company of your intent to file a claim and requests certain records and paperwork be kept intact.
To build your case, your attorney will also help gather evidence, such as the driver’s log book, the police report, and the Driver Qualification File. The DQF is a file required of all commercial drivers; it contains information on past employment, drug and alcohol test results, licensing, driving tests, and records of any past traffic accidents or violations. With this information, you may be able to prove employer responsibility in your wreck.