Large truck crashes, including collisions involving injuries, are on the rise. In 2022 alone, roughly 120,000 large trucks were involved in accidents that resulted in injuries. If the truck drivers act negligently, you can hold them accountable via a lawsuit. The question is, can you sue the trucking companies that employ them?
The answer is “sometimes.” To sue trucking companies for driver accidents, you need to prove that they somehow acted negligently and that their negligence caused or contributed to your crash. Here’s everything you need to know.
When Can Trucking Companies Be Sued for Driver Crashes?
There are three main scenarios when trucking companies may be liable for driver crashes.
Negligent Hiring Practices
One of the biggest factors in trucking company liability is employer negligence. Trucking companies have a duty to ensure their drivers are qualified, competent, and capable of safely operating large commercial vehicles. This responsibility begins with the hiring process.
Failure to properly screen drivers for valid commercial driver’s licenses (CDLs) or ignoring spotty driving records can lead to unqualified individuals getting behind the wheel of huge trucks. Improper training and a lack of drug and alcohol testing are other examples of negligent hiring practices that may expose trucking companies to liability.
Negligent Maintenance of Trucks and Equipment
Trucking companies are responsible for providing drivers with safe, properly maintained vehicles and equipment. When they fail to do so, and their inaction leads to a crash, the company could be sued for negligence. Some common maintenance issues that can lead to accidents include:
- Faulty brakes
- Worn tires
- Defective lights
Unfortunately, some companies cut corners to save time and money. When this happens, you and your loved ones may pay the price. The good news is you can hold them accountable by teaming up with an experienced truck accident attorney.
Hours of Service Violations
The Federal Motor Carrier Safety Administration has established hours of service (HOS) regulationsfor commercial truck drivers.
Drivers operating property-carrying vehicles are subject to an 11-hour driving limit after they have had at least 10 consecutive hours off. They must also take a 30-minute driving break when they have driven for eight cumulative hours.
Additionally, commercial drivers are subject to a 60/70-hour driving limit. They are not allowed to drive after logging 60 on-duty hours in a seven-day period or 70 on-duty hours in an eight-day period. On-duty time includes all work hours, not just driving time (i.e., fueling, loading).
If a company is aware that its driver violated HOS regulations, it should take some form of corrective action. It may be difficult to hold trucking companies accountable for a single HOS violation that results in a crash, but patterns of negligence might be more supportive of your claim.
Third-Party Liability: How Contractors and Subcontractors May Be Involved
Contractors and subcontractors are extremely common in the transportation industry. For example, many companies hire owner-operators to augment their fleets. This can blur the lines of liability and make it harder to hold trucking companies accountable.
For example, say a company hires an owner-operator. The business is responsible for screening and vetting the driver. However, the owner-operator handles vehicle maintenance and likely all their own HOS paperwork.
In this case, the company may be liable if they improperly screened the driver. On the other hand, they may be exempt if the owner-operator neglected maintenance on their own vehicle.
Third parties can impact your case in other ways. For example, if a company outsources maintenance to a subcontractor, that third-party entity may be liable for your injuries. That doesn’t mean you wouldn’t be able to sue the trucking company as well. However, the case would become much more complex.
The Role of Insurance and Company Policies in Trucking Accidents
Trucking companies typically carry substantial insurance policies to cover accidents involving their drivers. They also have detailed regulations designed to mitigate risk. However, a trucking company’s internal policies can also impact liability.
For example, if a business fails to enforce safety protocols like compliance with HOS rules, this negligence can increase its liability.
Alternatively, perhaps the driver involved in your crash violated HOS rules and fatigue played a role in the incident.
If the company strictly enforces HOS regulations and has previously punished the employee for their actions using an escalating discipline system, the business may argue that they have taken steps to correct the problem and did not behave negligently.
Holding Trucking Companies Accountable for Accidents
Trucking companies, especially larger ones, have plenty of resources to contest a lawsuit. With that in mind, you need a truck accident attorney in your corner who understands what it takes to enforce your rights.
Your trucking accident lawyer will assist by:
- Gathering evidence to support your claim
- Proving negligence
- Working with experts like accident reconstruction specialists
- Filing a lawsuit and negotiating with insurance companies
Suing trucking companies is a complicated and challenging process. Don’t go through it alone. Hire an experienced trucking accident attorney who is willing to fight on your behalf.
FAQ
Can a Trucking Company Be Held Liable if the Driver Was an Independent Contractor?
Yes, trucking companies may still be liable if they fail to vet an independent contractor or exert significant control over the driver’s work and negligent behavior.
How Can I Prove That a Trucking Company Was Negligent?
Your attorney can help you prove negligence by gathering maintenance records, driver logs, and other evidence.
What Damages Can I Recover in a Trucking Accident Claim?
You may be able to receive compensation for medical expenses, lost wages, property damage, and pain and suffering.
Book a Free Case Review With Ramsey Law Group
Schedule a free consultation with Ramsey Law Group and learn how we can help you hold trucking companies accountable when their drivers crash.