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Lawsuit Filed Against Truck Company After Fatal New Hampshire Crash

March 4, 2021

Many parties may be responsible for a victim’s injuries and damages after a New Hampshire trucking accident. Injury victims often seek compensation through an insurance company or a personal injury lawsuit. Accidents involving trucks are complicated because injuries are usually more severe, and there is typically more than one responsible party. These accidents are more complex than collisions involving two cars and require an in-depth investigation.

In cases involving two vehicles, injury victims can pursue a claim against the driver, the car owner, or the driver’s employer if they were operating the vehicle as part of their employment. After a trucking accident, the victim may file a claim against the negligent truck driver, their employer, the trucking company, or the truck’s manufacturer. A driver may be directly responsible for their negligent actions, such as speeding, impairment, or distraction. A driver’s employer may be liable under vicarious liability or their direct negligence. Similarly, a truck’s manufacturer may be responsible for a truck’s defects that contributed to the accident.

Vicarious liability is a theory that holds employers responsible for their employees’ actions. Vicarious liability is only applicable if a plaintiff can establish certain elements that prove that the negligent driver was an employee acting within their employment scope when the accident occurred. Trucking companies often find loopholes to avoid potential liability by classifying their workers as independent contractors instead of employees. Further, there are many affirmative defenses that truck companies purport to avoid liability. However, vicarious liability claims against a trucking company can significantly impact a victim’s recovery because most companies maintain sizeable commercial insurance policies.

Further, trucking companies may be responsible for their direct negligence. For example, a company may be responsible for negligent hiring, training, and retention. These claims usually arise when a trucking company failed to ensure that their employer met licensing requirements and proper training. Many trucking accidents involve an interplay of various negligence theories and responsible parties.

For example, reporters recently provided an update to the harrowing New Hampshire trucking accident that took seven motorcyclists’ lives. The trucking company that employed the driver charged with the accident is facing federal charges after an indictment. The owners face charges related to falsifying driving logs to elude safety regulations. Authorities believe the driver crossed the road’s center line because he was under the influence of several drugs. Prosecutors asserted that the owner’s “disregard for and egregious noncompliance” with safety standards contributed to the accident.

Have You Suffered Injuries in a New Hampshire Accident?

If you have suffered serious injuries in a New Hampshire motor vehicle accident, the attorneys at Peter Thompson & Associates can help you recover compensation. New Hampshire truck accidents are complicated and require experienced and dedicated attorneys. Our attorneys possess the unique skills, resources, and tools needed to succeed on a personal injury claim. We handle New Hampshire motor vehicle, premises liability, products liability, and medical malpractice lawsuits. For decades we have been providing clients with excellent representation. Contact our office at 800-804-2004 to schedule a free initial consultation with an attorney on our team.