Trucking Company Liability for a Driver's Negligence

Driving a commercial truck is a considerable responsibility. While large truck accidents accounted for only 3% of all injury crashes in 2007, they were responsible for 8% of all accident-related fatalities. If you, or a loved one, have recently suffered a personal injury or wrongful death as the result of a truck accident, it is important to contact a truck accident attorney to determine if you have a case and if the truck company is liable for your injuries.

According to a common-law doctrine referred to as respondeat superior, the trucking company can be held liable in a truck accident if they neglected to enforce or follow federal trucking regulations. There are many types of trucking company negligence that can lead to a life-altering truck accident.

Truck Driver Schedules

An important regulation that trucking companies must follow pertains to the driver schedule. A trucking company cannot schedule a delivery that requires the driver to travel above the speed limit or go beyond his or her maximum driving time. Failure to adhere to this regulation shows liability in a truck accident lawsuit. Truck drivers must keep detailed log books of the miles traveled and time spent driving. If you are involved in a truck accident, your personal injury lawyer can use these log books as evidence in your case.

Truck Vehicle Maintenance

Before beginning a delivery, both the truck driver and trucking company have a responsibility to ensure that the truck is maintained properly and in good working order. The vehicle’s brakes, lights, tires, horn, windshield wipers, and other parts must be inspected and used when necessary.

Truck Cargo

In order to avoid liability in a truck accident, the driver and trucking company must ensure that the vehicle’s cargo is secured and the weight is distributed properly. Unsecured cargo may roll off the truck and cause an accident for vehicles traveling beside or behind the truck. Prior to departure, the truck driver should make sure the cargo does not obscure his or her view or interfere with the truck’s movement.

Truck Driver Employment

Trucking companies also have a responsibility to hire safe and qualified truck drivers. The company must ensure that the truck driver’s commercial license has not been revoked, suspended, or canceled. The driver must complete all specialized training needed to drive a commercial vehicle and may also be subject to alcohol and drug screenings.

After a Trucking Accident

After a trucking accident, it is important to hire an experienced truck accident attorney as soon as the possible. A skilled personal injury attorney can review the facts of your case to determine the company’s liability in a truck accident and defend your best interests in court.