Dallas Delivery Truck Accident Lawyer
When you’re involved in a motor vehicle collision with another private driver, the legal proceedings are usually straightforward. However, should a delivery truck or any other commercial vehicle cause you injury, the legal entanglements can quickly grow complex. The issue of liability is important to all vehicle collision cases, and even more significant in collisions with commercial vehicles. If such an collision injures you, reliable legal representation will be crucial for securing fair compensation for your injuries and damages.
Driver Vs. Company Responsibility
If another driver strikes your vehicle and injures you, you can file a personal injury claim against that person if the collision happened due to negligence. This means the driver violated his or her duty to act with reasonable care and in doing so injured you and damaged your vehicle. Proving negligence against a reckless delivery truck driver can be straightforward, but in some situations, your legal battle may be against the driver’s employer.
For example, if a delivery truck was carrying toxic substances and causes an collision, those substances might seep out or affect the other driver. Some toxic substances can cause irreparable harm. In such cases, the company shipping the substances can be liable for the damages and resulting medical complications in some circumstances.
Trucking companies have a duty to inform their drivers of the nature of their cargo. That is, the driver must be fully aware of the type of cargo being hauled so he or she can take all extra safety measures on the road. Trucks carrying hazardous materials must also be clearly marked with proper signage to warn other drivers that the truck is carrying toxic, flammable, radioactive, or otherwise hazardous substances. In failing to do so, the trucking company would be in violation of their duty to inform and thereby incur liability for the collision and resulting injuries.
Another factor to take into consideration is the legal concept of “respondeat superior,” a Latin phrase that translates to “let the superior answer.” Employers are liable for the wrongful acts of their employees as long as those acts occurred within the scope of employment and were unintentional. This legal principle essentially transfers responsibility for the collision from the driver to his or her employer.
Winning Your Case
A commercial trucking or delivery truck collision case can involve one or several defendants, depending on the nature of the collision and the root cause of the collision. A large part of your success will depend on your attorney’s ability to prove the defendant or defendants’ negligence in one manner or another.
America’s economy depends on trucking and delivery truck services, but it’s vital that drivers adhere to state and federal laws, follow the rules of the road, and operate their vehicles safely and in full control of their bodily faculties. Some truck drivers push themselves too far in order to meet deadlines, and drive their vehicles while sleep-deprived or distracted. In these situations, they endanger everyone around them.
Similarly, trucking companies have a duty to the public to ensure that their employees are well-trained, dutifully supervised (as much as delivery trucking permits), and their vehicles are well maintained on a consistent basis. Trucks that carry hazardous materials must also follow all state and federal guidelines for doing so.
If a delivery truck collision injures you in the Dallas area, you need to secure experienced, compassionate legal representation to navigate your case, hold the responsible parties accountable for their actions, and secure fair compensation for your damages and injuries.
The Law Office of Stephen W. Shoultz is an established and respected law firm, and our team of legal professionals is prepared to tackle any type of delivery truck collision case, no matter the complexity of the circumstances. Reach out to us to set up a case evaluation.