Trucking Company Liability for Truck Accidents
Motor vehicle accidents involving large trucks regularly have devastating effects. The massive weight of trucks and longer stopping distances often contribute to severe injuries and fatalities to accident victims.
In many incidents, the negligent truck driver is responsible for accident-related losses. However, trucking companies may also share liability because of their actions or inactions, including failure to train drivers or monitor mechanical issues. A trucking company may also be legally liable through vicarious liability, where a company is responsible for an agent’s negligent actions.
A trusted truck accident attorney in Florida can investigate what led to the crash and pursue compensation from all liable parties, including the trucking company.
When Is a Truck Company Responsible for a Truck Accident?
A truck company may be responsible for accident-related losses in the following circumstances:
Vicarious Liability
Trucking companies may be liable if negligent or reckless actions of their permitted drivers cause an accident. Vicarious liability generally applies to employees as opposed to independent contractors, though the law applies this principle to contract truck drivers in most situations. Your attorney will identify when a trucking company should be vicariously liable for a driver’s conduct.
Improper Hiring and Retention Practices
A trucking company should comprehensively vet its drivers to avoid preventable accidents. Negligent hiring practices may include failing to conduct background checks or drug tests or hiring drivers with numerous accidents or violations on their records. A truck company may be liable for an accident if it hires or keeps a driver with a questionable safety history on its books.
Over-working Drivers
Fatigue is a common cause of truck accidents. According to statistics, 1 in 25 drivers admit to having fallen asleep while driving. Further, many drivers admit to having driven while sleep deprived.
When trucking companies set unrealistic targets, drivers may feel compelled to exceed hours-of-service limits, increasing the risk of crashes. A truck company may be liable for an accident if a driver causes an accident while operating over the allowed time limits.
Federal law requires drivers to record driving hours and mileage, which are logs that can be vital in establishing liability.
Failure to Conduct Regular Inspections
The Federal Motor Carrier Safety Administration (FMCSA) has established regulations that dictate the scope and frequency of commercial vehicle inspection. The authority requires trucking companies to check critical components such as brakes, lights, tires, and steering systems. Trucking companies must frequently assess tire tread depth and condition to prevent tire blowouts, which can lead to crashes.
If a truck company allows its trucks to operate without necessary maintenance, it may be liable for accident-related losses.
Call Tragos, Sartes & Tragos If Injured in a Florida Truck Crash
An injury can disrupt your finances due to medical bills, lost income, and much more. A severe injury may also affect your ability to spend quality time with your loved ones or enjoy life as you once did.
Tragos, Sartes & Tragos has decades of experience handling complex truck accident claims, which gives us an advantage in protecting your rights. Contact us for a free consultation with a Florida truck accident lawyer today.