When Are Truck Companies Liable for Truck Accidents?

Truck companies are liable for truck accidents if they act negligently. Reasons a trucking company can be at fault for a truck collision include improper hiring, insufficient training, poor vehicle maintenance, or violating federal safety regulations. 

A truck accident attorney in Lexington, KY can learn about your trucking collision and your losses from the incident. If a truck company or others are at fault, your attorney can pursue compensatory damages from any responsible parties accordingly. Call us at (859) 268-4300 for a free case evaluation today.

Why Truck Companies Can Be Held Liable for Trucking Accidents

It’s reasonable to expect a truck company to do what’s necessary to protect motorists, pedestrians, and others against trucking accidents. Unfortunately, there are times when these businesses act carelessly or recklessly and violate their duty of care to others. At these times, truck companies can be held responsible for accidents and the losses of the people involved in them. 

Below are some of the scenarios when a trucking company can be at fault for a truck accident:

• Negligent hiring or training: A truck company doesn’t perform a background check or verify that its truckers have a valid commercial driver’s license (CDL). Because of either of these things, the company can be held accountable if it doesn’t vet its truck drivers properly and one of them gets into an accident. 

• Negligent maintenance: The Federal Motor Carrier Safety Administration (FMCSA) has rules in place for vehicle maintenance. If a truck company ignores trucking maintenance regulations and a vehicle defect contributes to an accident, the business could have to provide compensation to accident victims. 
• Hours of service (HOS) violations: A truck company could put pressure on its driver to breach HOS rules in the hopes of completing a delivery on time. If a trucker is fatigued and causes an accident because they chose not to comply with these rules, the company that hired this individual can be liable. 

Consult with a truck accident attorney who’s received many positive client testimonials if you’re unsure about who’s liable for your trucking collision. Depending on the circumstances of your accident, you could get money for your losses from a truck company, cargo loader, vehicle maintenance provider, or other at-fault parties that don’t comply with commercial trucking laws in Kentucky. 

Factors That Can Determine If a Truck Company Is Liable for Your Trucking Collision

Vicarious liability can dictate whether a truck company is to blame for your trucking collision. Typically, with vicarious liability, a truck company is at fault if their employee causes a trucking accident. 

For example, a truck driver is speeding as they try to meet a deadline for their employer, and they slam their vehicle into yours. In this situation, the trucker caused your accident. However, due to vicarious liability, you may have grounds for suing the company that employs this truck driver for damages. 

Outside of vicarious liability, it may be a good idea to look at whether a trucker is an independent contractor or works for a trucking company as you assess liability for your accident. Even if a truck driver works independently, the company that they were working for at the time of your crash could be held liable for your accident. 

Talk with Lexington truck accident lawyers about liability relative to trucking crashes. Our experienced Kentucky personal injury attorney can read police reports from your accident, interview witnesses who saw the incident, and take other measures to investigate. Call our office and speak with our confidential attorneys for a free consultation today.