When the driver of a commercial vehicle has been involved in an accident due to negligence‚ very often the company that employs him may be held liable. Numerous factors are taken into consideration to determine fault‚ but essentially the driver is considered to be under the authority of the employer.
A San Diego personal injury lawyer may ask the following questions to assist in determining liability:
- What is the driver’s relationship to the company? Is he an independent contractor?
- What is the nature of the company’s business?
- To whom did the driver report the accident/injury?
- Who in the company manages operations?
- Was the driver operating the vehicle under a state regulatory permit which has been granted to the company?
- Did the company assign a deadline for delivery of the goods?
- What employee records does the company keep?
- What records were kept of the vehicle in question‚ i.e. safety inspection‚ repairs‚ etc. Who gave the authority for these?
- Did the company direct the driver’s route? Was there a safer alternate route that could have been taken?
Liability in a commercial vehicle accident is not automatically assigned to the driver‚ even when it has been established that there was negligence. It is important to have an experienced San Diego personal injury lawyer who can assist you through the complexities of the law. Call Russ Jurewitz for a free evaluation of your case.