Sadly, tractor trailer accidents occur all too frequently . Truck accidents are caused by various issues including; fatigue, mechanical failure, and distraction just to name a few. Often, a truck driver is at fault for the accident however, that doesn’t necessarily mean he or she is liable.
To determine who is liable for a trucking accident, i.e. the truck driver or the trucking company, the following must be considered:
- Was the accident caused by speeding, distracted driving, or driver fatigue?
- Was the truck driver speeding, distracted, or tired as the result of unreasonable quotas and productivity requirements?
- Does the trucking company pay the driver by the mile, causing them to push normal safety requirements?
- Was the truck driver adequately trained and in good standing with the state licensing body?
- Was the truck maintained properly, and who is responsible for vehicle maintenance?
- Who is responsible for insuring the truck and/or its driver?
Trucking companies will try to avoid liability whenever possible. Below are some of the ways a trucking company tries to limit their involvement, and thus avoid being found negligent for trucking accidents:
- Require drivers to be classified as independent contractors.
- Avoid ownership of potentially harmful cargo.
- Avoid ownership of the trucks being used.
- Create policies on paper that they fail to maintain in practice.
The above examples may help a trucking company protect itself against liability because they place liability on the truck driver personally; this would mean an injured victim would not be able to sue the trucking company.
Federal law however, states that any truck or trailer featuring a company’s placard or name, ties that company to the truck and its operator. Therefore, if the trucking company displays its name anywhere on the truck or trailer, the company will have to assume liability in any accident.
If you or your loved one were involved in a trucking accident, call me immediately at 1 (877) 944-4373. I will protect your rights and get you the compensation you deserve.
Author: Tim Misny | For over 33 years, personal injury lawyer Tim Misny has represented the injured victim in birth injury, medical malpractice, and catastrophic injury/wrongful death cases, serving “Cleveland, Akron/Canton, Columbus & Cincinnati, Ohio.” You can reach Tim by email at email@example.com or call at 1 (877) 944-4373.