José: Hi Jason, it seems people always sue the company and not the driver when there’s an accident with a company truck. How do you know who to sue? And is it ever the fault of the driver?
Jason: Thanks for your question, José. In general, companies are responsible for the actions of their employees while operating a company vehicle, but every case is unique so it really depends on the specific circumstances.
José: Well my brother, Juan, was hit by the driver of a company truck who ran a red light. The driver was going pretty fast and hit Juan’s car. He is still in the hospital, and we were talking about him suing but didn’t know if it would be worth it. I doubt the driver has much money and how would it be the company’s fault if the guy ran a red light?
Jason: I’m sorry to hear about your brother, José. But I highly recommend that he seek legal advice before making a decision. I’d be happy to discuss it with him. That way he can make an informed decision on what to do next.
José: Thanks, Jason. So do you think he has a case?
Jason: I think it is worth looking into. Company vehicle cases can be complex because there are multiple parties that could be responsible – the company, the driver, or even the vehicle manufacturer.
José: Even if he ran a red light?
Jason: Yes, even for running a light. It’s possible that the company failed to properly train this driver, or even check his record for previous violations before hiring him. It’s also possible that the company failed to maintain the truck and its brakes failed. We just don’t know until we investigate it further.
José: Wow, I never thought of all of that. But since the accident happened last week and everything has been cleared off the road, how would you figure all this out?
Jason: There are a number of ways to find evidence such as the police report, witnesses, and even the company truck itself. Similar to a black box on an airplane, this truck has a device on it that reveals crucial information such as whether or not the driver was using his cell phone, or when he began to break. We can also call in expert witnesses and an accident reconstruction expert to help paint a clear picture of what happened leading up to the accident.
José: That’s amazing!
Jason: Yes, it’s pretty incredible what modern technology reveals. But timing is everything. The insurance for the company that owns this truck is already working to reduce or eliminate their responsibility in this case. I’ve seen some companies go as far as hiding or destroying evidence.
José: It sounds like I need to tell Juan to call you ASAP! How much will it cost him? I know that’s going to be his first question.
Jason: It won’t cost him anything to talk to me about this case, José. I don’t charge my clients a dime unless we win a settlement or jury award.
José: Thank you, Jason!
DeSouza Injury Lawyers is a leading personal injury firm representing accident victims throughout Texas.
If you’ve been injured by a car, truck, 18-wheeler, company vehicle, or in the oilfield, call Jason DeSouza personally today at 210-591-9777 or 361-799-2222 or visit the firm online at https://jfdlawfirm.com