Determining if a Trucking Company is Liable for an Accident
It is not always easy to determine who is liable after an 18-wheeler accident. Many people wrongfully assume that truck drivers are always to blame, without realizing that the trucking companies they work for are also often liable. While you are trying to recover from serious injuries it can be overwhelming to worry about trying to determine who is at fault for your crash. Below, our San Antonio 18-wheeler accident lawyer outlines when a trucking company may be liable for a collision.
Inadequate Truck Maintenance
Trucking companies have a legal obligation to ensure their trucks are safe for operation by ensuring they are properly maintained. Trucking companies must ensure their vehicles are regularly inspected, repaired, and maintained. Trucking companies often take shortcuts and prioritize their profits over the safety of others on the road. At the accident scene, police will note the condition of the truck. Your lawyer can obtain the truck’s black box to obtain information about the performance of the 18-wheeler leading up to the crash.
Insufficient Driver Training
Truck drivers carry a significant amount of responsibility to ensure no one gets hurt. The companies they work for must provide proper training techniques including a review of federal regulations, defensive driving strategies, and driving in adverse weather conditions. When untrained and inexperienced drivers fail to navigate slopes or curves safely, or otherwise operate their vehicle in an unsafe manner in light of the present circumstances on the road, trucking companies can be held liable.
Negligent Hiring Practices
Just as trucking companies have a legal duty to ensure their drivers are properly trained, they are also required to hire only qualified drivers. This includes conducting background checks, reviewing driving records, performing drug and alcohol tests, and more. When trucking companies do not fulfill these requirements and an unqualified trucker causes a crash, the company can bear some responsibility.
Motivating Drivers to Break the Law
The trucking industry is one that is heavily regulated. The Federal Motor Carrier Safety Administration (FMCSA) has implemented many regulations to keep everyone safe on the road. Trucking companies often encourage drivers to violate these laws in order to deliver cargo more quickly and make more profits. The hours of service rule, which dictates how long truck drivers can stay on the roads, is one that is often violated.
Vicarious Liability
Even when a truck driver acts negligently and causes a crash, trucking companies can still be held liable. It is important to note that victorious liability only applies when truck drivers are employees of the trucking company. The Federal Motor Carrier Safety Regulations (FMCSRs) define independent contractors as employees of motor carriers. This means that motor carriers are responsible for compliance with the FMCSRs for all drivers, including independent contractors.
Our 18-Wheeler Accident Lawyer in San Antonio Can Determine Liability
Determining liability is never easy after a truck accident. At the Law Office of Israel Garcia, our San Antonio 18-wheeler accident lawyer can conduct an independent investigation to determine how your crash happened, preserve evidence before it is destroyed by the trucking company or time, subpoena important documents and other evidence, and prove your case, so you obtain maximum compensation. Call us today at 210-LAW-9999 or contact us online to request a consultation and to learn more about how we can help.
Source:
fmcsa.dot.gov/regulations/hours-service/summary-hours-service-regulations
