Whenever there is a collision with a big rig, the results are usually devastating to all those involved. Those who live to tell the tale may have to deal with permanent disabilities for the rest of their lives.
Usually during the course of our lives the average person will witness at least one major accident involving a big rig. It’s not a pretty sight and the debris from the accident is strewn up and down the highway as a silent testimonial to lost lives and injured victims. It’s not hard to imagine the devastation these behemoths leave behind, considering many of them are travelling at speeds up to 80 miles an hour and they are unable to stop quickly.
Interstate highways are teeming with 18-wheelers, and have become as familiar as the landscape on the way to work. Trucking is an ongoing concern across the US thanks to the demand for various goods that need to be delivered by truck. “Getting those goods to their destination on time and on budget is the driving force behind most trucking companies, sometimes to the detriment of the driver, who must log more hours than legally allowed to meet his or her deadlines,” outlined Jack Zinda, a Texas Super Lawyer’s Rising Star, and a partner at the law firm of Heselmeyer Zinda PLLC, Austin.
When a collision occurs, the main question is “Who is liable?” Most would think the trucker is liable. In reality there are many people that may be liable. Many times in most lawsuits, other drivers are named as a responsible party because they were in control of a vehicle at the time of the crash. “It is also important to determine whether or not the truck driver was an employee, a private owner or driving for a company as an independent contractor. Each one of these situations makes a difference in determining who is liable for any injuries that result,” explained Zinda.
If the trucker is an employee for a company, the company may ultimately be liable for the accident and its subsequent damages. “This is usually applicable if the driver had a load for a company at the time of the accident and was not driving the truck on his or her own free time,” said Zinda.
The critical factor here is insurance. If the driver was determined to be driving for the company, his employer’s policy will be typically be involved in any subsequent lawsuit. If the driver was driving on their own, they will likely have their own insurance policy that will pay any damages recovered.
“Large truck accidents are very challenging. Hiring a highly skilled attorney is crucial in order for a victim to obtain justice and compensation for their injuries,” commented Jack Zinda, a Texas Super Lawyer’s Rising Star, and a partner at the law firm of Heselmeyer Zinda PLLC, Austin.
To learn more visit Hzfirm.com.
