Proving liability, on the part of the commercial truck driver by way of the legal concept of Negligence per se: There are many avenues, the person driving a standard passenger vehicle may wish to review with his or her attorney as it pertains to a course of legal action against a trucking operator–that is, when involved in an accident with a commercial driver. One legal concept, worth examining, many times, is referred to as “negligence per se.” The concept, again, is one of many theories that may be reviewed relative to the individual’s set of circumstances. In example of it, the supposition is made by the passenger vehicle driver, who has sustained serious injuries with respect to the accident, that the commercial driver appeared impaired. Further, law enforcement, arriving at the scene of the accident, deemed the commercial truck driver had been drinking alcohol, prior to the accident. When the preceding scenario is a fact then the commercial truck driver is definitely negligent.
Since the driver, broke the law, by his action of driving while legally intoxicated, he is responsible for the accident through the legal concept, once again known as “Negligence per se.” The concept is relative since, in the preceding scenario, it was determined the driver was drunk and driving. The fact he was drunk and driving shows apparent negligence or negligence without any doubt, again, which is exactly what the legal concept of Negligence per se infers.
The unfortunate individual, driving a passenger vehicle and sustaining injuries from an accident with a commercial operator who is considered at fault for the accident is wise to seek legal counsel from a Semi-Truck Accident Attorney right away. The legal counsel is able to review every avenue, associated with the law as it applies to the trucking industry. He or she is in the favorable position of informing the person sustaining injuries, due to the negligence of the commercial truck operator, the best strategy to take as it applies to his or her case against the commercial truck operator and/or his employer.
When an owner of a passenger car is involved in an accident with a commercial truck it is advisable he or she contact us immediately for a free consultation. If it is shown that negligence is apparent, on the part of the commercial operator, then a claim or lawsuit, against the driver and/or his employer is possible.