When a Trucking Company May Be Responsible for a Truck Accident
A truck accident can be a life-changing event. A truck accident can result in severe injuries and substantial damages, including medical expenses, lost wages, property damage, and pain and suffering. Fortunately, in South Carolina, if you are involved in a truck accident because of the negligence of another party, you have the right to file a legal claim and pursue compensation. Often, the truck driver is the immediate focus after a truck accident. However, the truck driver may not be responsible for your accident or may only bear a portion of the responsibility. Sometimes, a trucking company is fully or partially to blame for a truck collision. Understanding who is responsible for your truck accident is crucial to ensure you file a successful compensation claim. However, determining liability after a truck accident can be complex. You should consult a qualified truck accident attorney.
When a Trucking Company May Be Responsible for a Truck Accident
After a truck accident, several parties, other than the trucker, may be held responsible, including the trucking company. The following are some of the ways a truck accident may be the responsibility of a trucking company;
Vicarious Liability
One of the main ways a trucking company may be held liable for a truck accident is through vicarious liability. Under the vicarious liability doctrine, a trucking company may be held responsible for the actions of its drivers regardless of whether the trucking company did anything wrong. The vicarious liability principle holds an employer liable for the actions of its employees if those actions occur within the scope of employment. In other words, even if the truck driver was clearly responsible for your accident, the trucking company may still share liability due to the existing employment relationship.
Negligent Hiring
When hiring drivers, trucking companies should conduct comprehensive background checks on potential candidates to ensure they have the right qualifications and are competent. Unfortunately, some trucking companies don’t perform the necessary background checks, verify potential driver credentials, and let unfit individuals get behind the wheel. Hiring unfit truck drivers can contribute to accidents. If a driver who shouldn’t have been allowed to get behind the wheel causes an accident, the trucking company may be held liable for the collision.
Failure To Maintain Trucks
Proper inspection and maintenance are vital to keeping commercial trucks in safe operating condition. Trucking companies are legally required to inspect and maintain their vehicles regularly to ensure they are in safe operating condition. If a truck accident occurs due to equipment or mechanical failure and it is discovered that the trucking company failed to properly inspect and maintain the truck, the trucking company can be held liable for the accident.
Inadequate Driver Training
Trucking drivers are responsible for training their drivers in safe truck operation. If a trucking company puts an inadequately trained driver on the road and the driver causes an accident, the trucking company may be held liable for the accident.
Unrealistic Demands and Delivery Schedules
Trucking companies sometimes have unrealistic expectations or delivery schedules that result in drivers speeding, driving for extended periods without rest, or engaging in other unsafe driving behaviors. If it is determined that a trucking company’s unrealistic demands or delivery schedules contributed to an accident, the company may be held partially liable for the accident.
Contact Us for Legal Help
If you’ve been in a truck accident and need help holding the at-fault party or parties responsible and recovering the compensation you deserve, contact our skilled Charleston truck accident lawyer at the Gus Anastopoulo Law Firm.
Source:
law.cornell.edu/wex/negligence
