Can I Sue a Trucking Company? Proving Liability After an Accident
Indotribun.id – Can I Sue a Trucking Company? After a devastating accident involving a truck driver, victims often seek clarity on their legal rights, particularly questioning whether they can file a lawsuit against the trucking company or just the driver. The answer is a resounding yes. In fact, in most commercial truck accident cases, the trucking company, also known as the motor carrier, is generally the primary defendant. Moreover, the company frequently shoulders the bulk of the legal and financial responsibility for the incident.
Determining a trucking company’s liability is crucial due to their substantial insurance policies meant to cover significant accident damages. However, proving their responsibility goes beyond showing a driver’s mistake. It requires strategic legal approaches and a detailed investigation into the company’s operations and behavior.
Here’s how a trucking company can be held responsible after an accident.
1. Vicarious Liability: When the Company is Responsible for its Driver
Vicarious liability, or respondeat superior, is the primary legal doctrine used in lawsuits against trucking companies. It holds employers accountable for their employees’ negligent actions if those actions took place during official job duties.
The main duty of a truck driver is to operate the company’s vehicle while on the road, making nearly any accident they cause during work subject to this principle. If the driver behaves negligently, such as by speeding, texting, driving while overly tired, or violating traffic laws their employer is typically held directly responsible for the damages that occur as a result.
To prove vicarious liability, your attorney must establish two key things:
An employer-employee relationship existed: The driver was an employee of the trucking company, not an independent contractor (though this can be a complex legal battle).
The driver was on the job: The driver was performing work-related duties when the crash occurred.
2. Direct Negligence: When the Company’s Own Actions are at Fault
Trucking companies may bear responsibility not only for the actions of their drivers but also for their own negligent practices. These claims often expose critical safety lapses within the organization. A direct negligence case argues that the company’s irresponsible policies, decisions, or inaction significantly contributed to the accident’s occurrence.
This legal approach is especially impactful as it addresses the company’s underlying systemic issues, which can lead to larger compensation awards, including punitive damages. Common grounds for pursuing a direct negligence lawsuit against a trucking company might involve:
Negligent Hiring, Training, and Supervision: The company failed to perform adequate background checks, which led to the hiring of a driver with a known record of reckless driving, DUIs, and safety infractions. Furthermore, they might have also overlooked providing sufficient training on safety procedures or the correct handling of that particular type of truck.
Improper Vehicle Maintenance: The company placed cost-cutting ahead of safety, disregarding the need for routine inspections and maintenance mandated by federal regulations for critical parts like brakes, tires, and steering systems. If the accident was caused by a mechanical failure, the accountability lies entirely with the company.
Encouraging Hours-of-Service (HOS) Violations: The company set unrealistic delivery deadlines, essentially pressuring drivers to operate beyond the legal driving hours regulated by the Federal Motor Carrier Safety Administration (FMCSA). This intentional approach heightens the risk of driver fatigue, a significant factor in truck-related accidents.
Failure to Comply with Federal Regulations: The FMCSA oversees a comprehensive set of regulations governing every facet of the trucking industry. Failing to maintain proper records, conduct random drug and alcohol tests, or adhere to other safety requirements represents a significant breach of a company’s duty of care.
How Liability is Proven
Determining a trucking company’s liability requires a swift and comprehensive investigation conducted by a skilled truck accident attorney. The attorney will take immediate action to collect and analyze key evidence in the company’s possession, such as:
The driver’s qualification file, employment history, and training records.
The truck’s maintenance and inspection logs.
The driver’s hours-of-service logs and data from the truck’s “black box” (ELD).
Post-accident drug and alcohol test results.
Company-wide safety policies and communication records.
If you are injured in an accident involving a commercial truck, your legal claim may extend beyond just the driver at fault. Trucking companies have a substantial responsibility to ensure the safety of their operations. Taking legal action against the company not only helps you pursue fair compensation for your recovery but also plays a crucial role in holding them accountable for creating unsafe conditions on the road.
As an experienced entrepreneur with a solid foundation in banking and finance, I am currently leading innovative strategies as President Director at my company. Passionate about driving growth and fostering teamwork, I’m dedicated to shaping the future of business.
Comment