Holding a Trucking Company Responsible For Your Accident
Accidents involving commercial trucks can result in severe consequences, including life-altering injuries and even fatalities. In some cases, the trucking company can be held responsible for their role in the incident.
Proving a Trucking Company is Responsible for Your Accident
To hold a trucking company responsible for your accident based on negligence, certain elements must be proven.
Duty of Care
Establish that the trucking company owed a duty of care to others on the road. This duty typically involves operating their vehicles safely and in compliance with all relevant laws and regulations.
Breach of Duty
Demonstrate that the trucking company breached its duty of care. This could involve showing that they failed to adhere to safety regulations, neglected proper maintenance, or violated industry standards.
Causation
Prove that the breach of duty by the trucking company directly caused the accident. You must establish a clear connection between the company’s actions or negligence and the occurrence of the accident.
Damages
Establish that actual damages resulted from the accident. This could include physical injuries, property damage, medical expenses, lost wages, and other tangible losses.
Understanding Trucking Company Liability
A trucking company can be held liable for an accident under various circumstances, typically involving negligence or violations of industry regulations. Here are common scenarios when a trucking company may be held responsible:
Vicarious Liability
Trucking companies are generally held responsible for the actions of their employees, including truck drivers. If the driver was operating within the scope of their employment during the accident, the company may be liable.
Negligent Hiring and Supervision
Trucking companies are obligated to hire qualified and competent drivers. If they fail to conduct thorough background checks or adequately supervise their drivers, they may be held responsible for negligence.
Improper Maintenance
If the trucking company failed to regularly and properly maintain their vehicles, resulting in an accident, they may be liable.
Inadequate Training
If the trucking company provides insufficient training to its drivers, leading to a lack of necessary skills or awareness of safety protocols, they may be held responsible for accidents resulting from inadequate training.
Violations of Federal Regulations
Non-compliance with regulations set by the Federal Motor Carrier Safety Administration (FMCSA), such as hours-of-service regulations, maintenance requirements, and driver qualifications, can lead to liability for the trucking company.
How an Attorney Can Help
Holding a trucking company responsible for a truck accident requires a comprehensive and strategic approach. An experienced Waco trucking accident lawyer can play a pivotal role. They have extensive experience in navigating the complexities of trucking regulations, industry standards, and the challenges involved in such cases. They have the resources to conduct a thorough investigation, gather crucial evidence such as driver records, maintenance logs, black box data, and any evidence of the trucking company’s negligence. With their knowledge, an attorney can build a compelling case.
They can handle all aspects of your case, including all communication with the trucking company and their insurance company. Your attorney will skillfully negotiate fair compensation after assessing the value of your case and ensure you are treated fairly.