Truck accidents happen for multiple reasons, and while truck drivers are often at fault, their employers may be sued as well. Trucking companies hold responsibility for many of the losses incurred by victims. Like all cases, it is up to the injured party to prove who is at fault. Understanding how to do that in a truck accident case could open the door to additional compensation owed to you.

When Is a Trucking Company Liable for a Crash?

Truck companies may be responsible for the actions of their truck drivers. If you can show that they employed the driver, knew of a risk, or were otherwise negligent, the truck company could be held responsible for your losses from a crash.

The Concept of Vicarious Liability

Also known as respondeat superior, vicarious liability is the legal concept that an employer might be held responsible for the actions of an employee when that employee is negligent during the course of their job duties. In the case of a truck accident, if a truck driver causes an accident while providing a work-related service to the company, the trucking company could likely be held liable for the accident. If the driver was off duty or was not acting on behalf of the company in some way, the trucking company would not be held responsible.

To determine if vicarious liability applies, your attorney will typically look into the following:

  • Was the driver acting within the scope of their employment when the incident occurred?
  • Did the incident occur while the driver was engaged in tasks for the trucking company?

Direct Liability

There are some situations where the trucking company undertakes direct liability, i.e. the accident is the fault of the trucking company. This can happen in numerous situations, with examples like:

  • Failure to monitor drivers: If the truck company fails to ensure the driver is abiding by applicable laws and regulations, such as time off rules, the company could be liable for the accident.
  • Negligent dispatching: In situations where the company instructs the driver to make the trip during dangerous conditions, they realize this risk, and still encourage the action, the truck company could be liable for the resulting losses.
  • Poor maintenance of the vehicle: In situations where the trucking company owns and manages the truck, the trucking company could be liable for a mechanical failure, such as worn tires or a failed repair.

Negligent Hiring

Truck companies could also be held responsible for the losses of victims in situations where the company does not employ a safe employee. This includes:

  • Negligent hiring: the company hires a driver who has a poor driving record 
  • Negligent retention: if the trucking company does not act to remove a driver from its employment when that driver engages in dangerous actions, such as a past record of speeding tickets or major accidents
  • Negligent training: if the truck company failed to provide or ensure specialized training of its truck drivers, with or without a specialized license

Unlawful Policies

Companies may also be responsible in situations where they have procedures or policies in place that the driver must follow that create a safety risk for others. For example, this could require a driver to travel above the speed limit. It may also apply if they force a driver to work without breaks beyond the requirements of the hours-of-service laws in place. Trucking companies may encourage drivers to take a shortcut through an unsafe area or area that cannot handle the truck’s capacity, putting others at risk in doing so.

Unsafe Workspaces

As employers, the focus is often on ensuring truck drivers and workers are safe. However, if workspaces are not safe and maintained properly, and this leads to an accident, the trucking company could be responsible.

Independent Contractors and Truck Company Liability

Not all truck drivers are employees; instead, they may be independent contractors. The trucking company is not the employer in this situation and, as a result, usually does not maintain vicarious liability. In these situations, the liability may be strictly that of the independent contractor, which operates as its own company. Other applications of the law, such as unsafe conditions or the negligent use of an unskilled worker, may still apply. However, it is important to consult an attorney to fully understand the scope of the truck company’s liability. 

Proving a Trucking Company Is Responsible for a Crash

If you were injured in a truck accident, your lawyer may use the following to prove both the driver and the trucking company are liable: 

  • Black box data: Attorneys may pursue access to the commercial truck’s black box, which contains information about the underlying cause of the accident, such as speed or erratic driving.
  • Hours of service violations: Truck accident attorneys may pursue access to the driver’s hours-of-service to determine if the driver was working beyond their legal limits at the behest of their employer. 
  • Vehicle maintenance records: Attorneys would typically gather legally required mechanical repairs and inspections for the truck to demonstrate if the vehicle was properly operating at the time of the accident.

Gathering data to demonstrate fault in these cases requires understanding truck regulations and worksite safety requirements. As an employer, the company must take action to protect their workers and the public in general.

Why It Is Worth Hiring a Lawyer If You Are Injured in a Truck Accident

There are numerous reasons to hire a truck accident attorney when you need to seek compensation for the losses caused by an accident. If you suspect the truck company holds any level of liability, or simply want to ensure that you understand this, seek legal help from an attorney for several core reasons.

There May Be More Than One Liable Party

Attorneys will examine all details of the case to determine the underlying cause. In many situations, it is not just the truck driver who is responsible. Other parties could include:

  • Truck drivers
  • Trucking companies
  • Cargo loading companies
  • The manufacturer of the truck
  • Truck maintenance and repair companies

The attorney’s task is to identify all potential parties. This helps ensure a far fairer level of compensation is available for victims.

The Injuries Are Generally More Severe

To sue a truck company, you must present clear evidence of all of your injuries and losses. Note that this is far more than just the medical bills you have. It may include future medical bills, your inability to earn a living, and the impact on your quality of life. Your attorney will:

  • Factor in the long-term cost treatment and care
  • Calculate losses for noneconomic damages such as emotional suffering and pain
  • Review any loss of income and benefits

Getting an accurate assessment of your losses is key to ensuring you can survive and thrive.

Trucking Companies Have an Army of Their Own Lawyers

In successful truck accident lawsuits, not only does the trucking company need to pay for your losses, but it may face fines for failures to meet regulations. This is why they have in-house and external counsels ready to fight against you. Their experience working to reduce claims is significant. As a result, victims face an ongoing risk of not receiving fair treatment after an accident if they are not sufficiently armed with experienced attorneys of their own.

Government Agencies May Need to Get Involved

Another layer of complexity that comes from filing a claim against a truck company is the government implication. Sometimes, federal regulation oversight could lead to government intervention and costly fines. This does not limit your ability to receive compensation, but it can make the case more challenging, extending months or years longer than expected.

Your Lawyer Is Already Up-to-Date in Case You Go to Trial

There are situations where you, as a victim, will need to go to court to fight for your right to fair treatment. Having an attorney who has worked to build your claim and understands your losses mitigates significant risk for you in recovering fair damages.

Suing a truck company for the accident their driver caused is complex. Yet, it can also be critical to helping you, as a victim, receive fair compensation. Truck drivers may not be fully at fault, especially if the company they are working for forces them to operate in unsafe conditions. To get justice, you need to go after all involved parties with the help of a skilled truck accident attorney.