Truck accident cases present a unique variable that most car accident cases do not: The presence of the trucking company. Because truckers are on the job when they get into a collision, their employer is another involved party that could be found liable for the victim’s injuries. The trucking company has their own procedures that must be completed after an accident, and can share in the liability depending on the situation.
WHAT A TRUCKING COMPANY SHOULD DO AFTER A COLLISION
When trucking accidents happen under a company’s watch, they must follow procedures to aid in the case investigation. An employer’s responsibilities will depend on the circumstances of the accident, but trucking companies are generally required to cooperate with investigators by providing relevant evidence and reporting a driver’s hazardous behavior.
THE LIABILITY OF EMPLOYERS
In some cases, a truck driver’s employer will share the fault for an accident. Trucking companies are responsible for overseeing the actions of their employees, and should complete safety measures such as inspecting records and keeping up the maintenance of their vehicles. Any negligence in these procedures can be evidence of an employer’s liability.
Trucking company management may be held partially liable for a collision if:
- The accident was caused by a parts malfunction, and they failed to complete proper safety inspections.
- They pushed their employee to drive for long hours or did not require detailed time reporting.
- The driver was required to carry a dangerous amount of cargo.
- The employer is guilty of negligent hiring practices, such as if they were aware of a trucker’s history of dangerous driving behavior, like past accidents or a DUI.
Determining liability in any vehicle accident case can be difficult, and when a third party (like an employer) is involved, a collision claim can become especially complex. At Richardson Richardson Boudreaux, PLLC, our skilled lawyers have the expertise necessary to navigate these complexities.
Schedule a free consultation to discuss the details of your truck accident case through our contact form or via phone at 918-492-7674.