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(EMAILWIRE.COM, July 14, 2008 ) With the growing number of tractor trailer accidents every year, itÂ’s no surprise that truck crash lawsuits are rising in number. Tractor trailer crashes frequently cause severe damage and injury to all involved. Unfortunately, death is also common in such accidents.
When a large truck accident occurs, many liability issues arise. Thus, it is important to contact a skilled tractor trailer accident lawyer to evaluate the circumstances of your case to determine your legal rights.
Personal injury attorneys often file truck accident lawsuits against trucking companies and truck drivers for injuries suffered in a tractor trailer collision. It is usually alleged the truck accident was caused by truck driver negligence. Generally in such cases, the truck company will assume liability for the driverÂ’s actions because of a legal doctrine known as respondeat superior. Respondeat Superior is a doctrine that means employers are liable for employee negligence when, at the time of the accident, the employee was engaged in an activity within the scope of his employment.
However, there are guidelines as to what constitutes an “employee.” In some cases, trucking companies will deny liability for a tractor trailer accident by stating the truck driver was not an actual “employee.”
In a recent Missouri tractor trailer accident lawsuit, a personal injury victim injured in a truck crash filed a lawsuit suit against the trucking company and truck driver. The trucking company denied liability for the accident because the driver of the truck was a leased driver. The trucking company used what is known as the “borrowed servant defense” in arguing they surrendered all control to the lease driver, making him exclusively liable for negligence instead of the company.
There are usually three elements to a “borrowed servant defense.” They are:
(1) Consent on the part of the employee to work for the special employer;
(2) Actual entry by the employee upon the work of and for the special master pursuant to an express or implied contract so to do; and
(3) Power of the special employer to control the details of the work to be performed and to determine how the work shall be done and whether it shall stop or continue.
The court in this Missouri truck accident case initially agreed with the trucking company, stating they were not liable. On appeal the Court held the employer control was determined to exist over the driver and decided the case should be heard again to determine truck company liability.
This case exemplifies the intricacies of a tractor trailer crash and ensuing lawsuits. In the event that you or a loved one are affected by a tractor trailer accident, it is to your benefit to contact a reputable and skilled tractor trailer crash lawyer to assist you. He/She will simply be acquainted with the legal processes involved in a truck crash lawsuit and will be able to resolve your case as quickly and easily as possible for you.
As an experienced tractor trailer crash attorney, I have spent the entirety of my career litigating tractor trailer related lawsuits. I am dedicated to aiding those injured in a truck accident and will make sure that your case gets the time and attention it deserves. I am more than willing to answer any questions you may have regarding a tractor trailer crash or any other personal injury issues.
You can call me personally 24 hours a day at 314.322.8515 or toll free at 1.800.500.INJURY (4658). If you donÂ’t want to call or you can't call, you can email me at john@pagecagle.com. You can also visit my websites, www.injuredclient.com and www.MissouriTractorTrailerCrash.com for more information.
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