A truck tire bursts, causing the driver to lose control. It swerves dangerously on the highway as pedestrian’s scamper to safety. Seconds later, it crashes into a stationary car in another lane.
Who’s at fault?
Of course, people are always quick to point fingers at the driver. After all, they’re the one behind the wheels, right?
However, sometimes, the truck driver isn’t the only party at fault for an accident. A trucking company may be at fault for poor maintenance, hiring inexperienced drivers, or unsafe scheduling.
Below, we explain how a trucking company can be at fault for an accident and what happens when fault is established.
How Can a Trucking Company Be at Fault for an Accident?
Come to think of it. If a certain driver is behind the wheel when the accident happens, how can the trucking company be at fault? The thing is, a trucking company’s actions, or failure may contribute to an accident.
Here are a few of them:
1. Hiring an Unqualified or Unsafe Driver
A trucking company may be at fault for an accident if it fails to hire qualified and experienced drivers. The median truck driver salary in the United States is $57,440 per year, according to recent BLS data, with significantly more earning potential for experienced and specialized drivers.
Now, imagine how much a trucking company would save by hiring unqualified drivers who’d definitely be cheaper than their qualified counterparts. Beyond hiring inexperienced drivers, a trucking company may be liable for an accident if it overlooks a driver’s history, including severe traffic offences, previous crashes, or other red flags that should raise doubts about their ability to drive safely.
2. Failing to Train or Supervise the Driver
A trucking company may also be liable for an accident if it fails to offer adequate training or supervision to its drivers. Training courses (cargo handling, defensive driving training, etc.), paying supervisors or safety managers, and training materials and testing all cost trucking company’s money, which can lead some to skip the process.
Furthermore, if an accident occurs because a trucking company fails to monitor a driver’s performance or address known safety violations, it could share responsibility for the crash.
3. Failure to Maintain the Truck
A trucking company may be responsible if it ignores maintenance or fails to address known maintenance problems.
Trucks need regular maintenance to ensure important components (brakes, tires, suspension, steering) keep working properly. Neglecting scheduled maintenance increases the risk of brake failure, tire blowouts, steering issues, suspension failure, and more.
If the trucking company knew of a safety problem and failed to act, it could be liable if that failure contributed to an accident.
Can a Trucking Company Be Liable for Its Driver’s Negligence?
When a driver’s negligence results in an accident, the trucking company may be held responsible. It depends on the circumstances and state law. This is often regarded as vicarious liability.
Here is an example.
Say a company driver rams into another vehicle while delivering construction materials to a warehouse. The company may share liability for the driver’s actions.
Of course, this differs from the company’s own negligence, which includes hiring inexperienced drivers, failing to provide adequate training, and ignoring truck maintenance. In that situation, the company is fully responsible for the crash.
What Happens to Your Truck Accident Claim When the Company Is at Fault?
If the trucking company is at fault, you’ll file a claim with its insurance company to seek compensation for your losses. Of course, after you report the accident, the trucking company’s lawyers and investigators will need to investigate to determine the at-fault party.
The investigation may involve collecting evidence like medical records, police reports, witness statements, and trucking company records. Afterwards, your damages (lost income, property damage, etc.) will be calculated. You may be able to negotiate a settlement with the insurer.
However, if you can’t reach a fair settlement, you may need to contact a truck accident lawyer and file a lawsuit to pursue the compensation you deserve. An experienced truck accident attorney can help investigate the accident, collect relevant evidence (and preserve it), calculate your losses, determine the responsible party, and represent you in court.
Can you Sue the Trucking Company Directly?
If the trucking company is legally responsible for the accident, you can sue them directly. However, this doesn’t mean claimants can sue the trucking company every time a truck accident occurs.
Liability depends on what caused the crash, whether the company was negligent, the applicable state law, and the driver’s relationship with the company. For instance, a company may be liable for a driver’s negligence while working or for its own negligence, such as hiring unqualified drivers. The exact circumstances decide who can be held responsible.
Final Thoughts
We always assume that the truck driver is always at fault for an accident. However, that isn’t always the case. In some situations, the trucking company can share fault with the driver or be completely liable for a crash.
If that’s the case, you can sue the trucking company directly. Contact an experienced Greenville truck accident attorney to understand your next steps. They can help file the lawsuit and represent you in court.
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