Massive hauling vehicles travel coast to coast across the United States daily. For commercial trucking companies, truckers being on time and ready to load and re-load proves to be an essential part of the business.
Traffic throughout Tennessee causes serious delays in transportation time. To make up for lost minutes, truckers may choose to speed, cause a massive accident and may injure any unsuspecting driver – including you. To file a personal injury claim, you must understand that although the driver of the vehicle may have broken the law, most of the time, a court will find the commercial trucking company to be at fault in addition to the trucker.
Respondeat superior and the truck driver
Although a truck driver may break the law and inflict serious injury to you and surrounding drivers, he or she may not need to answer for the compensation you may receive. Respondeat superior, translated from Latin to “let the master make answer”, describes the role of the trucking company.
- Respondeat superior says that when the truck driver, or any other employee, acts within the scope of his or her employment, the commercial truck company, or employer may be held financial responsible for damages.
Though the truck driver caused the accident, a court may subject a trucking company to serious liability along with the driver. To understand the circumstances of your situation, a court must understand the intent and sobriety of the driver.
Personal injury protection
The National Highway Transportation Safety Administration (NHTSA) reported that in 2016, 72 percent of fatalities caused by commercial trucks were occupants of other vehicles. Making alert choices while driving helps protect you and your family from a truck collision.
Assuming you followed all laws, you should expect to receive compensation for your injuries sustained in a trucking accident. Yet your goal proves to be avoiding a personal injury claim altogether.
Some ways to prevent a personal injury claim entirely include:
- Avoid driving in the blind spot of truckers. Assume that if you cannot see them in their side mirrors, they cannot see you.
- Wait for the right time to pass. Squeezing in between cars and trucks may cause confusion among drivers
- Do not quickly cut in front of a truck. Large commercial trucks cannot slow or stop as quickly as a small vehicle.
Know that the state of Tennessee helps provide compensation from commercial trucking companies, truckers themselves or from both parties, to rectify your serious injuries. Should you suffer in an accident caused by a large commercial vehicle, understand that your rights include filing claims against a corporation.