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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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Featured
Attorney of the Month:
Mayer
Gordon & Associates -
Mayer
Gordon was admitted to the practice of law in Michigan and the Federal
Court in 1975. He established the firm of Mayer B. Gordon &
Associates, P.C. in 1983 in the City of Southfield, Michigan. The
firm specializes in representing victims of accidental injury, wrongful
death, and medical malpractice. Our attorneys also successfully
represent Workers Compensation and Social Security Disability Claimants
in the State and Federal Administrative Law Tribunal, and are members
in good standing with the National Organization of Social Security
Claimant's Representatives.
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