Aside from the driver, another party that can be held liable for a truck accident is a trucking company. At first glance, the employer would want nothing to do with the accident. Often the blame for an accident lies on the driver for not showing reasonable care for the welfare of other drivers. But come to think of it, the trucking company can also be partially at fault for truck accidents.
The website of Habush Habush & Rottier S.C. ® reveals that either way a truck accident can cause immeasurable damage to the victim and their family. As mentioned, while the liability for the accident falls on the driver, there are also instances when the trucking firm can have partial fault for the accident. The trucking company can be held liable for the following instances:
- The driver who operates their trucks is not qualified or does not have a license
- Not conducting random drug and alcohol testing as required by the Federal Motor Carrier Safety Administration (FMCSA)
- Not ensuring that their drivers comply with FMCSA regulations
- Not giving sanctions to drivers who fail drug or alcohol tests and who are found to be noncompliant with FMCSA guidelines
- Allowing trucks to operate even though they were not properly inspected and maintained
- Forcing drivers to work beyond the regular working hours. It is their job to keep drivers from being fatigued.
Owners of trucking companies will do everything in their power to make sure that they will not be held liable for accidents or injuries that will be caused by their drivers. These companies have the money to hire the best lawyer who will represent them in court. So if you or your loved one was injured or killed in a truck accident, you wouldn’t let the liable party or parities get away in paying the damages you deserve.
Individuals who were injured or who have lost a loved one in accidents involving commercial trucks may find it hard to determine exactly who are responsible for their loss. Properly determining who are responsible in truck accidents is important for victims to possibly have a valid claim and get all the remunerations they deserve for recovery.
As such, people who are involved in truck accidents should clearly identify all the persons, companies or any entities linking to the involved truck. While drivers are often blamed in truck accidents, truck or trailer owners, truck companies, companies that lease trucks and trailers, truck parts manufacturers, and shippers can be held responsible in accidents. When a truck accident occurs, companies linked to the involved truck often blame each other to possibly avoid liability for crash victims not to garnish their insurance. In a truck rollover accident, a company or entity might claim that the incident was caused by the driver’s poor judgement; on the other hand, the driver’s employer may claim that the truck’s load was improperly distributed in the trailer. Trucking companies before employ strategies to possibly avoid being liable in accidents. One of the strategies is for companies to get trucking operation permits even they do not own trucks or trailers. These companies hire contractor who owns or operates trucks and trailers. When contracted trucks are involved in accidents, the company could argue that they do not own the truck or the driver involved is not their employee.
Though trucking companies often attempt to avoid liability when an accident happens, Ausband & Dumont lawyers said trucking companies are expected to follow federal and state regulations. Truck companies nowadays can be penalized from violating laws that endangers other vehicle drivers on the road. Acts of truckers’ negligence including hours of service violations, hiring unqualified drivers, not training drivers, and inadequate truck inspections may result to tragic accidents.