The issue of liability when it comes to personal injury is often complicated by the many different parties and organizations that have a part to play in an individual’s case. Understanding owner operator lease agreements are one of the many possible influences on a case’s outcome. With a comprehensive understanding of what these agreements are and how they apply to personal injury, an Omaha Accident Attorneys team member can help you make sense of the circumstances surrounding your situation.
Owner operator lease agreements are contracts between employer and an individual to use a vehicle for their professional duties. In our case, this means a company employee would use their own truck at their own risk while working. Because of the nature of their job, the individual is responsible for repairs and maintenance on the truck, as well as accidents caused by the vehicle in question.
Accidents caused by operators using their own vehicles on the job are a major point of contention when determining liability after a personal injury. In most instances, companies are held responsible for damage and accidents created with their vehicles. This does not always extend to owner operators, where the negotiation of the lease agreement can be very beneficial or detrimental to employees. During an accident situation, a lawyer from Omaha Accident Attorneys can study the agreement to determine the best course of action.
Personal injury is impacted by the kind of lease agreement in question. The terms of the lease agreement can include issues such as responsibility for vehicle maintenance, insurance for equipment, and potential for hazard prevention. All of these factors play into who has to end up paying for damages caused by accidents.
Typical clauses in lease agreements can contain items such as:
- Maintenance responsibilities
- Insurance coverage
- Liability clauses
- Termination conditions
Each of these items is unique to a given company and their staff member(s), but can all influence how an accident is treated by the court system. For example, if a vehicle was maintained as in a positive outcome, the company may be placed at fault for an accident if the responsible owner operator made off the job-site too quickly after the injury occurred, or stopped too short in a chain of events. In such a situation, the officer on duty may choose to penalize the responsible parties differently based on the terms of a company’s lease agreement.
In many situations, lease agreements can complicate personal injury circumstances in ways you may never have expected. The agreement may also have missing information, and other areas of concern that may not surface to a layman. This is where you find the utmost benefit in having an experienced lawyer examine the lease agreement to determine any complications or potential losses. Leave nothing to chance; be as informed as possible before proceeding so you are not caught unawares at a bad time.
Many people mistakenly believe that a lease agreement like this one is simply a means for responsible parties to avoid liability when situations get complicated. In truth, the owners must make due diligence in order to keep their job sites legal and safe in response to an activity. Owner operators use their own vehicles as their own risk, but are often the highest source of funding for an organization, even compared to the company equipment.
It’s best to use one comprehensive document for important records such as contracts. In the interest of keeping all information about a party together, have them maintain a consistent folder of all documents pertaining to a single subject such as a contract.
If your accident has fallen into lease agreement territory, terms of this nature can make or break your case completely. Having a lawyer on your side that can intimately understand the details of your lease agreement is crucial to ensure you are getting what you are entitled, and to demonstrate to the court that damages are not being blown out of proportion.
If you want to know more about who owns the responsibility for an accident, contact Omaha Accident Attorneys for a free case evaluation. This way, you can find out about details that could land you with a lower fine or settlement, or a substantial amount of damage compensation.
