The driver could be a contractor or an employee of a trucking company. The driver’s status would determine whether or not he/she should be held liable for any accident-caused damages. It is on the lawyer to decide how to build a strong case in your favor.
Suppose the driver were a contractor
That would be the case if the driver’s own money had paid for the truck, for the registration, the permit and the insurance. By the same token, the driver’s hours were not determined by an employer. For all of those reasons, the driver/contractor could be held liable for any accident caused damages, as per personal injury lawyer in Los Banos. The injury lawyer will represent your rights and ensure that damages are awarded as per your injuries. If the employee is severely injured and may not be able to join work after recovery the compensation may go higher when compared to a situation where the employee is back to work and resumes all the duties post recovery.
Suppose that an employer controlled the driver’s hours
In that case, the driver would have to meet the employer’s expectations, with respect to the amount of time spend behind the steering wheel. Still, the employer could be held liable for any damages that might result from a trucking accident. In many cases, the drivers run the trucks for more hours than the mandated hours leading to fatigue and tiredness in drivers. That is one of the leading cause of accidents and that is why as an accident injury victim needs to contact an injury lawyer.
What factors would affect the size of any settlement, if an employer’s truck were to become involved in an accident?
The driver’s intent at the time of the impactful incident: Employers cannot be blamed for the actions of any employees that have a malicious intent. The nature, time and place of drivers’ conduct:
• Did the accident take place while the employer/driver was carrying out an assignment?
• Did it happen when that same employer/driver was using the truck for personal purposes?
• What sort of work had the employee been trained to do?
• Did the employer make a habit of asking drivers to help with loading and unloading cargo?
• How much freedom did the trucking company give to its employees/drivers?
• What degree of control did the employer have over the drivers?
The greater the amount of the employer’ s control, the greater the chances that any accident victim could win a large settlement. If you or a loved one has been injured in an accident, it is important to look at the compensation that the individual deserves.