Employer Negligence in Truck Accidents

Trucking companies that employ truck drivers who cause accidents could be at fault for those drivers’ actions. Negligent truck drivers may cause collisions directly. However, companies can be legally and financially responsible for the losses victims suffer from those accidents.

Understanding employer negligence in truck accidents is critical as it can extend compensation recovery for victims. Be sure to speak with an experienced truck wreck lawyer in Lexington about your case at (859) 268-4300.

Employers May Be Financially Responsible

Under Kentucky’s respondeat superior doctrine, a Kentucky trucking company may be held financially responsible for the actions of its employees if the employee was acting within the course and scope of employment when the accident occurred. This may include, for example, a truck driver driving a truck for their employer. However, there are several factors that contribute to whether you can pursue legal action.

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The Individual Must be an Employee

Some truck drivers are independent contractors, not employees of the company. This means the trucking company may not be responsible. But if the trucking company’s role goes beyond what an independent contractor’s legal definition, the court may rule against the trucking company. The more control the company has over the truck driver’s actions, such as controlling schedules and processes, the more likely they will be considered employees.

Scope of Employment

The next factor is demonstrating that the accident happened during the course and scope of employment. That means the driver was working at the time that the accident occurred. If the truck accident happened while the driver was driving the truck, that can be clearly applicable. If the driver was moving a truck between jobs, that may create some gray area.

The Act Was Negligent

The third element is demonstrating that the action involved a failure to use reasonable care. For example, the commercial drivers are held to a higher standard of responsibility because of the size of the vehicle. With that said, if the truck driver violated federal regulations, they could be negligent.

How to Hold the Trucking Company Responsible

To hold the employer of the truck driver responsible, we need to demonstrate that they contributed to the accident in a number of ways. The reality is, there are various situations where there is a clear link between the lack of activity and the losses suffered.

For example, if the trucking company hired an employee who did not have the proper or updated CDL licensing, that could be considered negligent hiring. The employer must verify the driver’s skill, license, and ability to handle the road.

Another example could be failing to provide proper supervision, which may allow the driver to engage in reckless behavior or work long hours without a break. In some situations, trucking companies pressure drivers to work beyond the required limitation of hours. That could make the trucking company responsible for the trucker’s accident brought on by fatigue.

The Complexities of Employer Negligence in Truck Accidents

Employer negligence in truck accidents is complex. It takes significant research to demonstrate fault. However, doing so can increase the compensation you may be able to recover.

To maximize the compensation you recover, work closely with a truck accident attorney in Kentucky. Our team at Gary C. Johnson, P.S.C. can offer a free consultation to review negligence in your truck accident. Reach out to us for a free consultation.