Sometimes, the cause of a truck accident is not the fault of the truck driver. Sometimes, the truck driver did everything in her or his power to drive safely and to follow all traffic laws. The cause of your terrible collision could be the fault of the company that designed, manufactured, and distributed the truck. If this is the case then you can sue for compensatory damages under a theory of products liability. Products liability law says that a manufacturer is strictly liable if you are injured as a result of a faulty design. Strict liability means that as long as you can prove there was a defect in the truck, you do not need to also prove that the manufacturer was negligent or committing an intentional tort. There are three types of product liability classifications. They are defective design, defective manufacturing, and defective marketing. Because the operation and use of trucks are widely known, defective marketing would not apply. An experienced
truck accident lawyer in Salt lake City UT would know how to go about the investigation to gather sufficient evidence for your case.
Truck Accidents and Bad Breaks
Many truck accidents occur because the truck has bad breaks. Trucks weigh a couple to a few tons, so any collision that involves a truck is likely to be catastrophic and can quite easily result in one or more deaths. It is imperative that all trucking companies routinely inspect their tires. If they fail to conduct regular inspections and a faulty tire is the cause of your truck-related accident, you can sue the trucking company for negligence.
Respondeat Superior
The legal theory of respondeat superior states that that employer should take the fall, or blame, for the employee’s actions. In other words, you and your attorney would go after the truck driver’s employer or trucking company instead of the actual person behind the wheel of the truck. But be mindful that there are some exceptions to this rule. If the truck driver is an independent contractor, instead of an employee, then you may not be able to seek recovery from the employer. If the truck driver injured you while s/he was on a detour (i.e., s/he was doing something completely unrelated to the work task), or s/he was merely commuting to or from work, as in, not officially during work hours, then you cannot sue the employer or trucking company under this theory. If you have been injured in a truck accident, then it is only sound to immediately contact the best truck accident lawyer Salt Lake City UT has to offer, the lawyers at Rasmussen and Miner. We are a committed law firm of experienced personal injury, truck accident lawyers who have garnered large payouts for our clients, and who have assisted in winning them settlements that will make them whole again. Because a truck-related collision can leave you with severe, long-term damage, if it does not kill you, you will want to put the future of your recovery in the reliable hands of
Rasmussen and Miner Attorneys at Law.
