There are around 500,000 crashes involving large trucks in the US recorded yearly. Texas reported 12,542 truck crashes in 2023. Approximately 12% of these accidents resulted in fatalities. Truck accidents lead to extensive property damage, fatalities, and serious injuries that alter a victim’s life.
According to the reports, Galveston saw 400 fatal vehicle accidents. This shocking data, which is a large figure for the Galveston population, includes truck accidents as well.
With the help of Jimmy Doan, a Galveston truck accident attorney, victims can seek compensation from the liable parties.
In a truck accident, the party at fault is often the driver. However, in some instances, truck companies can be held liable. Read on to learn more about the instances where the trucking company can be held liable for the accident.
If The Trucking Company Hired an Inexperienced Driver
Trucking companies are required to ensure that drivers are well-trained and qualified before getting hired. This includes carrying out a proper background check on a person to confirm their driving history, including the presence of violations like DUIs, reckless driving, and road rage in their record.
Additionally, companies have the responsibility to ensure drivers are well-trained in handling procedures and maintaining road safety. Failing to ensure a driver meets all these standards results in negligent hiring. If a trucking company hires an inexperienced driver or fails to provide proper training, they can be liable for an accident caused by the said driver.
Failure to Maintain Vehicles
It is the responsibility of trucking companies to ensure all vehicles are properly maintained. These include replacing faulty brakes, worn-out tires, poorly functioning suspension, and lights.
If an accident occurs due to mechanical failure because of a lack of maintenance, a trucking company can be liable. Using substandard parts that affect the performance of a vehicle is another reason.
For example, faulty brakes could cause a truck to fail to stop or slow down, leading to an accident.
Drivers Violating HOS Laws
Driver fatigue is a leading cause of truck accidents. It is common for truck drivers to work long hours to meet deadlines and maximize profits for the company.
According to the federal laws set by the government, a driver should not drive more than 70 hours in 8 days or 60 hours in 7 days. If a driver exceeded these limits, a trucking company could be liable for an accident.
For instance, a trucking company caught falsifying logbooks to display fewer hours than those a driver has been working is an offense that necessitates a claim. The same case applies to pressuring drivers to meet certain deadlines.
Vicarious Liability
Vicarious liability is a rule that holds employers accountable for actions committed by their employees. This means a trucking company can be held liable for negligent actions committed by their drivers, especially if it was within the scope of the employment contract.
For vicarious liability, it should be proven that the trucking company employed the driver, owned the truck, and allowed the driver to operate the vehicle.
Poor Record-keeping
Trucking companies are required to maintain proper records for things like the number of hours a driver has been working, medical records, and maintenance schedules. If a company fails to properly maintain these records, it could be held accountable for an accident.
For instance, failure to note down when a truck was serviced means it could be operating with faulty parts. Or a lack of information about a driver’s medical history and conditions that can affect a driver’s driving ability shows negligence of the trucking company.
Poor Loaded and Secured Cargo
Runaway or shifting cargo cause trucks to lose stability and increase the risk of accidents. It is the responsibility of a trucking company to ensure cargo is properly loaded and secured as per the standards. If the cargo loaders lack enough training, the trucking company can be held liable for an accident.
Conclusion
The liability of truck accidents extends beyond the driver. Companies are held liable if it is proven their actions in one way or another contributed to an accident.
A qualified attorney can work with victims to ensure companies are held responsible and they get the required compensation.
