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Is it possible to sue a truck company?

All accidents in West Virginia involving motor vehicles have the potential to be devastating. However, the chance for serious injuries or even fatalities is often greater when there is a truck accident. Because they drive at such high speeds and often carry such enormous weight, trucks can present an extreme danger to other drivers on the road. This is why there are certain regulations that apply to truck drivers.

Truck drivers are expected to undergo extensive training before getting behind the wheel. They are also expected to abide by federal trucking regulations. All of these things can bring in legal complications if a truck accident occurs. Sometimes, too, it may be possible for a victim or a victim's family to pursue compensation from a truck company.

Suing a truck company often depends on what kind of employment relationship is established between the truck company and the truck driver. If such a relationship does in fact exist, and it can be shown, the truck company can be held legally liable for the negligence of the truck driver. This falls under a legal theory called "respondeat superior."

If a truck driver is an independent contractor of the company, however, establishing liability can become a problem. In such situations, the amount of supervising done by the company can play a key role.

As becomes apparent, establishing liability in truck accident cases can quickly become complicated. Navigating such a complex legal environment can be challenging. Thankfully, there are attorneys available who can help meet with victims and discuss their options. If pursuing compensation is an option, victims and their families may be able to seek the money they need to cover fees associated with medical bills and vehicular damages.

Source: FindLaw, "Truck Accident FAQ," Accessed on April 4, 2017

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Stephen P. New, Attorney at Law
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