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A
truck company can be found directly negligent in an accident if it
negligently hired the driver of its truck, failed to ensure that the
truck driver was properly licensed, negligently entrusted the truck
driver with the truck, failed to instruct |
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the truck driver on the safe use of the truck in terms of loading,unloading
and driving, and for negligent maintenance of the truck as well as
for failing to have truck properly equipped.
The
trucking company has a non-delegable duty, i.e., a duty
it cannot pass on to anyone else, to use reasonable care to equip
and maintain the truck in compliance with the law. The truck must
be equipped as required by statute and as is necessary for safe
operation and must be maintained in a reasonably safe running condition.
Failure to equip or maintain a truck as required by law gives rise
to a presumption of negligence.
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Anybody
who is injured by the negligent maintenance, instruction or operating
of a truck company or its representatives, i.e., drivers, can sue
for damages. This includes minors and adults, passengers in the truck
(however, passengers who are employees of the same company as the
driver will only be able to sue if |
someone
other than the driver caused the accident because of the workers
compensation exclusive remedy), drivers of other motor vehicles, motorcyclists,
bicyclists, pedestrian and anyone else injured by the negligent maintenance
or operation of a truck.
Further, truck drivers themselves can bring a lawsuit in circumstances
when other persons or entities are responsible or even partly responsible
for the accident.
The spouse of the injured plaintiff can also bring a lawsuit for loss
of consortium damages; that is, damages for the loss of society, comfort
and care of the injured plaintiff. |
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But
truck accident cases aren't as simple as the average car accident.
To win a truck accident case, your lawyer needs to be familiar with
state and Federal regulations concerning the operation and maintenance
of trucks, and with the documents and records trucking companies are
required to keep. |
| If
you or a loved one has been hurt in a truck accident, you need lawyers
with the experience and skill to make the trucking companies and their
insurers pay for the devastating injuries truck accidents cause. You
wouldn't hire just anybody to drive your valuables across the country.
Don't make the mistake of hiring just any lawyer to handle your truck
accident case.
At
Polewski & Associates, we are experienced in handling truck
accident cases. We know that accidents are not only caused by the
negligence of drivers, but also by the negligence of truck companies
who put the wrong drivers behind the wheel-and we know how to prove
it. Call us, and see the difference an expert can make with your
case.
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