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If you are a truck accident victim, you need to identify the liable parties and prove their liability to win your damages. The trucking company is one of the parties who might be liable for your accident. Below are things you can use to prove the trucking company’s liability.
Hiring Dangerous Drivers
Some drivers have a higher risk of accidents than others. Examples include drivers with DUI convictions, expired licenses, and medical conditions that make driving dangerous. For example, the government sets the minimum qualifications for truck drivers. The requirements ensure that only safe drivers operate trucks, considering trucks are more dangerous than small cars.
Every truck driver must have a commercial driving license plus an endorsement for special trucks, such as those with tanks. A trucking company that hires a driver without the relevant endorsement might be liable for the accident their driver causes.
Retaining Dangerous Drivers
Once a trucking company hires a good driver, it must ensure the driver remains safe to maintain their employment. The company must monitor its employees, correct or punish those who err, and train them on new equipment. A company that retains a dangerous driver is liable for the accidents the employee causes.
Consider an employee without a DUI history who starts drinking on the job. The driver’s employer must take relevant steps to prevent the driver from drinking and driving. That might involve suspending the driver. Failure to do that makes the company liable for the driver’s actions on the road.
Failing to Maintain Trucks
A truck’s condition affects its safety on the road. For example:
- Many trucks travel by night and require excellent illumination. A truck with a busted headlight is invisible and risks colliding with other vehicles.
- A truck’s size and weight mean it requires more force to stop than a smaller vehicle. Bald tires reduce braking efficiency and increase the risk of a crash.
- A malfunctioning steering system can lead to loss of control, especially when cornering.
Each trucking company must ensure its fleet is always roadworthy. Regular inspection, maintenance, and adequate repairs are essential. Trucking companies that fail in these duties may be held liable for resulting accidents.
Encouraging Dangerous Driving Habits
Some trucking companies encourage dangerous driving habits directly or indirectly. For example, some companies:
- Set unrealistic deadlines that pressure drivers to speed or skip rest breaks.
- Expect drivers to operate during hazardous conditions like snowstorms.
- Discourage reporting of unsafe practices like overloading trucks.
After a truck accident, investigators often examine company policies and culture to determine whether they contributed to unsafe behavior. Such findings can increase liability for the company.
Failing to Enforce Federal Regulations
The government expects trucking companies to enforce regulations set by the Federal Motor Carrier Safety Administration (FMCSA). Failing to enforce these rules can make a trucking company liable for a driver’s actions.
For example, the FMCSA has strict Hours of Service (HOS) requirements. One rule states that a driver must not exceed 60 hours in seven days or 70 hours in eight days. A company that allows drivers to exceed these limits can be held accountable for any resulting accident.
Working with an experienced lawyer will help you get the compensation you deserve. Contact The Dennis Law Firm, LLC, to investigate the accident and include all liable parties in your compensation claim. We promise to fight for you, put you first, and offer you the compassionate legal representation you deserve.
Written By André Dennis
André Dennis is the founding attorney of The Dennis Law Firm, LLC, where he advocates for injury victims with the insight of someone who’s lived it. After losing his father in a fatal crash caused by negligence, André experienced firsthand how insurance companies undervalue claims. That life-changing event fuels his mission to provide high-quality legal representation and personalized service to clients facing the same pain and uncertainty he once endured.
