When is a Trucking Company Liable After an Accident?
Truck accidents, even seemingly minor ones, can result in significant property damage and life-altering injuries. That’s why establishing fault and liability for truck crashes is extremely vital to make sure that the negligent party will be held legally responsible for the losses resulting from the accident.
Figuring out fault and liability isn’t an easy task, but it’s usually more challenging with truck accidents. Regardless of the cause, if you or a loved one suffered injuries in a truck accident, our Florida truck accident attorney at Matthews Injury Law can investigate the specific facts of your case to determine and prove liability for your accident-associated injuries and losses.
What You Should Know About Vicarious Liability
Vicarious liability means that employers can be held liable for their employee’s actions but only if the employee’s actions occur while they were on the clock. In a truck accident case, the truck company can be held vicariously liable for the trucker’s actions if they cause a crash due to negligence.
Lack of or Improper Truck Maintenance
Scheduled inspections, repairs, and maintenance are very crucial to making sure that trucks are in proper working condition. It is the legal obligation of trucking companies to ensure that these tasks are performed regularly. This means that if a trucking company fails to meet this obligation and a crash occurs because of improper maintenance, like worn-out tires, defective brakes, or other types of mechanical failure, an injured person can hold the company accountable for the crash and resulting losses.
Violating FMCSA Hours of Service (HOS) Regulations
Because of the potentially catastrophic consequences of truck accidents, truck drivers and companies must follow very stringent rules on the hours of service. These regulations help prevent accidents resulting from truck driver fatigue. There are specific limits on how many hours truckers can drive weekly and consecutively. If the truck company subtly or directly promotes or simply doesn’t care about HOS violations because they want truckers to meet unreasonable delivery quotas and timeframes, it can be held legally responsible for accidents resulting from fatigued driving.
Negligent Training and Hiring Practices
Truck companies have a legal obligation to make certain that all the drivers they hire receive proper training and have the required licenses and qualifications to drive trucks. Failure to perform the required background checks or provide proper and regular training, or hiring unqualified truckers can make the company liable for a truck accident.
Improperly Loaded and Secured Loads
Properly secured and loaded cargo is critical to safe transportation. Truck companies must give their employees sufficient supervision and training to ensure they follow the best practices for handling and loading cargo. Otherwise, the cargo might shift or fall off the truck bed during transport and hit other vehicles behind the truck.
Get In Touch With an Experienced Florida Truck Accident Attorney Now
Contact Matthews Injury Law today to explore your legal options for recovering compensation after getting injured in a truck crash. Arrange your free consultation with our Florida truck accident attorney by calling our office at 813-530-1000 or reaching us online to get started on your truck accident claim right away.