Unfortunately, trucking accidents are far more common than people may think and in most cases, they tend to be a lot more destructive in comparison to the crashes that involve cars, or any other vehicle.
Frequently, when something like this occurs, the consequences can be very devastating, resulting in serious, at times, life-threatening injuries that can seriously negatively impact someone’s physical and mental well-being.
Once it happens, it’s of huge importance to immediately determine who caused this collision, which isn’t always easy, due to the fact that multiple parties can be responsible for it. Today, we are going to dive more into this topic and reveal how trucking companies can be held accountable for this.
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Let’s Discuss Vicarious Liability
Trucking companies can be held accountable for a truck incident through the legal concept that is also known as vicarious liability. So what can be said about it? Namely, in these instances, the employer can be held liable for the behavior that was caused by its workers while doing their job.
What does it mean then? It means that if a truck driver causes a crash while executing tasks that are related to his/her job, the trucking company that hired that driver will be held responsible as well for any damages that were sustained.
Of course, it’s worth mentioning that if the truck driver was using the vehicle when he/she was not on duty or was doing some illegal things that aren’t job-related, the vicarious liability concept is not going to be applied to the trucking company.
Moving On To House Of Service Violations
Each trucking company has particular rules and regulations when it comes to the hours of service that their workers must follow. These rules are used to prevent any collisions that are linked to fatigue.
The Federal Motor Carrier Safety Administrator (short for FMCSE) is the one who determines the restrictions on the number of hours the truck driver can be on the road. This refers to their daily and weekly shifts.
If by any chance, the trucking company simply decides to ignore these rules, or encourages its employees to work even more, then they could definitely be held liable for any type of incident that occurred on the road that was caused by the fatigue.
Speaking of the road accidents that involved a truck driver and a third party, if you were involved in them, yet, you weren’t the culprit, then it would be advisable to hire a lawyer to see what can be done to receive the proper compensation.
But where can you find a good one? There are a lot of excellent attorneys all over the USA, especially in Texas, to be more precise in McAllen. Therefore, if you reside in this city, or anywhere close to it, then be sure to contact a dedicated truck accident lawyer in McAllen to see what can be done to resolve this case in your favor. You shouldn’t go through this all on your own.
Negligent Hiring & Training
Every single company should always make sure they have the most qualified and skilled employees. The same rule applies to the trucking companies and that’s particularly important for them to do, since their drivers are constantly on the road and oftentimes, exposed to different risks and dangers while on duty.
That’s exactly why it’s pivotal for them to do whatever it takes to ensure their drivers are experienced and competent. If a specific trucking company doesn’t conduct a thorough background check and fails to verify driving records, or allows themselves to hire drivers who have a history of opioid abuse, then they are surely held liable for being negligent and irresponsible during the hiring process.
On the flip side, if this company doesn’t provide their workers with the right training, and then some of their truck drivers cause a crash, then they can be held liable for this incident too.
Poor-Quality Maintenance & Inspection
One of the main responsibilities of every trucking company is to maintain their vehicles and make sure they are in perfect condition and ready for the road. If they want to do things the right way, as far as this is concerned, then they must conduct inspections on a regular basis, along with the proper maintenance.
By doing so, they will drastically decrease the chances of any road-related accident. On the other hand, if the crash happens because of faulty brakes, tires that are worn out, or any other type of mechanical problem that was caused by poor maintenance, then the trucking company may be held responsible for it as well.
Incorrect Loading & Securing Of Cargo
If the trucking company wants to ensure safe transportation, then it needs to focus on properly loading and securing of cargo. If by any chance a cargo is not loaded the right way, or not secured properly, it could potentially cause the truck driver to completely lose control over the vehicle which can lead to a major road accident.
Therefore, it’s essential for every single trucking company in the world to provide adequate training, along with supervision to make sure that all their truck drivers know how to handle cargo the right way, and, simultaneously, are familiar with all the best practices.
Inadequate Loading & Securement
Adequate loading and securing cargo are also some of the things that need to be taken care of if a trucking company wants to be one hundred sure its vehicles are stable and properly secured when it’s time for them to be on the road.
If a trucking company decides not to follow the standards that are related to the loading and securement, yet the crash happens because of the shifting cargo, then the trucking company will most likely be held accountable for being negligent.
That’s why it’s of huge importance for a trucking company to follow all these industry-related rules and regulations if they want to prevent any accidents that may occur on the road.
The whole point of this thorough guide was to help people (especially the victims of road accidents) understand how trucking companies can be held accountable for road crashes and what can be done when something like this happens.
