The fallout of a trucking accident is serious injuries and significant property damage. Most often, the truck drivers are held responsible for collisions; trucking companies can also made legally accountable under certain circumstances.
In many accident cases, the trucking company is the one responsible. Therefore, pinning accountability involves understanding trucking company’s liability. The negligence can arise from hiring, training, vehicle maintenance, or regulatory compliance. To build a strong case, recognizing these factors is essential and will help secure fair compensation.
Negligent Hiring Practices
Negligent hiring of drivers is one of the ways a trucking company can be held negligent. Employing a driver without adequate checks of driving record, experience, or history of violations can make the company accountable. For instance, hiring a driver with a DUI offense or license suspension is disregarding public safety.
Companies should conduct thorough background checks, including drug and alcohol screenings, before and during employment. Failure to do so is considered negligence, and the company can be held liable for the accident.
Inadequate Training and Supervision
Truck drivers should have undergone rigorous and sufficient training. Not doing so can lead to hazardous outcomes. Trucking companies should verify whether their drivers are adept at handling large vehicles, handling, and securing cargo, managing vehicles through rough weather, and following federal regulations.
Accidents caused due to inadequate training or lack of ongoing supervision resulting in bad decisions or dangerous driving, the company is held responsible. Employers are legally bound to ensure that the drivers have the prerequisite skills and knowledge to operate commercial vehicles safely.
Violations of Hours-of-Service Regulations
To prevent driver fatigue, The Federal Motor Carrier Safety Administration (FMCSA) has strict hours-of-service (HOS) rules. Trucking companies are held responsible if the driver has been found to exceed these limits for faster deliveries or higher profits.
Upon accident, if it is discovered that the company chose to overlook HOS violations, the employer is held responsible. Fatigued driving has caused a significant number of truck accidents. Trucking companies are required to monitor and enforce compliance.
Poor Vehicle Maintenance
Commercial trucks, like other vehicles, require regular maintenance as they undergo a significant amount of wear and tear. Not repairing or maintaining the brakes, tires, lights, or other components can result in fatal accidents. The trucking companies are legally required to maintain their fleet in roadworthy condition.
Maintenance and service history and logs are used as critical evidence in these cases. Companies found to neglect routine inspections or not repairing defects are liable for the resultant accidents.
Improper Cargo Loading
Some companies use third parties to load cargo, and some handle it internally. Improper cargo loading can result in balance issues. Chances of rollovers or cargo spills increase in such a scenario.
Failure to comply with cargo securement guidelines can result in the company being held liable. The trucking company is required to supervise the process adequately and verify that the mandated load safety standards are met.
Failure to Comply with Federal Regulations
Trucking companies are required to comply with federal regulations set by the FMCSA. These include vehicle inspections, driver qualifications, recordkeeping, and safety protocols. Noncompliance can not only result in fines but also serve as grounds for liability if the violation leads to an accident.
Vicarious Liability
Vicarious liability clause holds the employer under “respondeat superior,” and holds accountable for an employee’s actions performed within the scope of their job. If the truck driver causes an accident while on duty or work-related tasks, the trucking company can be held responsible for the incident. However, if the driver was using the truck for personal errands or engaging in criminal activity, which is outside the scope of employment, the trucking company is not deemed liable.
Conclusion
Federal regulations have outlined safe trucking practices for the safety of the drivers as well as the general public. Trucking companies found floating them can be held liable, including negligent hiring, inadequate training, poor maintenance, regulatory violations, and improper supervision. Those seeking compensation against trucking companies should have a clear understanding of these legal provisions.
Irrespective of direct negligence or vicarious responsibility, trucking companies are brought to answer for their contribution to public harm.
