When Is a Trucking Company Liable for a Truck Accident?
In many cases, a truck driver who negligently causes an accident is liable for the injuries and other losses that result from the crash. However, trucking companies can share liability as a result of their own contribution to the accident – for instance, by failing to train drivers or monitor mechanical issues in their equipment. They may also be legally responsible through vicarious liability, which is when an employer is liable for their employee’s negligent or reckless actions.
Trucking companies are often quick to downplay their responsibility for a truck accident, with some even hiding or altering records that prove the company’s fault. That’s why you need dedicated legal representation from an experienced truck accident attorney who can establish the trucking company’s fault for the crash and hold them liable for your injuries.
When Is a Trucking Company Liable for a Truck Wreck?
Here are some common circumstances under which a trucking company may be responsible for an accident:
- Vicarious liability for employees – Vicarious liability dictates that employers (in this case, trucking companies) are liable for actions taken by their employees (truck drivers). Trucking companies may bear liability when a truck driver they employ negligently or recklessly causes an accident. Vicarious liability applies to employees, not independent contractors. However, many truck drivers are labeled “independent contractors” when they are actually employees. The law looks at the true relationship, not the labels.
- Disregarding safety measures – Trucking companies may bear responsibility for a truck crash if they foster a poor safety culture or instruct drivers and staff to disregard safety rules.
- Failing to conduct inspections – Federal regulations require trucking companies to inspect their fleets regularly. Failure to do so may allow maintenance issues to go unaddressed, potentially causing a mechanical failure that results in an accident.
- Negligent vehicle maintenance – Mechanical issues can lead to accidents when a trucking company’s in-house mechanics perform shoddy repair or maintenance work.
- Setting unrealistic schedule expectations – Trucking companies sometimes pressure their drivers to engage in negligent or reckless behaviors by creating tight, unrealistic delivery schedules. Drivers may feel compelled to speed or exceed hours-of-service limits to meet unrealistic delivery deadlines.
- Inadequate driver training – Trucking companies may bear liability for a crash if they fail to adequately train their drivers and prepare them to respond to potential hazards.
- Negligent hiring and retention practices – Trucking companies’ careless hiring and retention practices can also lead to preventable accidents. Negligent hiring practices include failing to conduct background checks or drug tests and hiring truck drivers with poor driving or employment histories. Negligent retention involves a trucking company continuing to employ a truck driver with a questionable safety history.
Proving Trucking Company Liability in Truck Accident Cases
To prove a trucking company’s liability for a commercial trucking accident, your lawyer will need to carefully review a variety of accident evidence and trucking company records, such as:
- Truck driver employment records
- Driver hours-of-service logs
- Trucking company dispatch records
- Cargo manifests
- Medical records
- Pre- and post-trip inspection reports
- Truck inspection records
- Repair and maintenance records
- Company drug test policies and driver drug test results
Get Help from Our Experienced St. Louis Truck Accident Lawyers
If you have been injured in a truck crash caused by a trucking company’s negligence, you need committed legal representation to help you demand accountability for what you’ve suffered. Contact Sumner Law Group, LLC, today for a free consultation with an experienced truck accident lawyer.
Brent A. Sumner is the Managing Partner at Sumner Law Group, LLC. He focuses his practice exclusively on cases that involve serious personal injuries. Over the years, he has successfully represented thousands of individuals and families, recovering millions of dollars in compensation for injured accident victims.
