Trucking Company Liability for an 18-Wheeler Accident

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.

For example, 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 might cause.

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 matters 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 from the headlights. 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. The friction between the tires and the road contributes to the braking force. Bald tires increase braking force and increase the risk of a crash.
• A malfunctioning steering system can lead to loss of truck control, such as when cornering.

Each trucking company must ensure its fleet is always roadworthy. Regular inspection, maintenance, and adequate repair of trucks ensure their safety on the road. Trucking companies that fail on such crucial duties must pay for the damages their failure cause in the form of truck accidents.

Encouraging Dangerous Driving Habits

Some trucking companies encourage dangerous driving habits either directly or indirectly. For example, some trucking companies:

• Have unrealistic deadlines for their drivers that force the drivers to break speed limits and increase the risk of crashing.
• Expect their drivers to stay on the road even during inclement weather, such as snowstorms that make road surfaces slippery and increase jackknifing risk.
• Discourage drivers from questioning unsafe practices, such as the overloading of trucks.

In case of a truck accident, investigators usually scrutinize the company's practices and work culture to determine whether it encourages unsafe driving practices. Such practices increase the risk of liability for the relevant companies.

Failing to Enforce Federal Regulations

Lastly, the government expects trucking companies to enforce the Federal Motor Carrier Safety Administration (FMCSA) regulations. Failure to enforce such rules makes a trucking company liable for the actions of its drivers.

For example, the FMCSA has strict hours of service (HOS) requirements for truck drivers. One is that a driver should not exceed 60 hours within seven consecutive days or 70 hours within eight consecutive days. A trucking company that allows a driver to exceed the HOS is liable for the damages the driver causes.

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 the liable parties in your compensation claim. We promise to fight for you, put you first, and offer you the compassionate legal representation you deserve.