Truck Accidents Archives

Trucking Company Liability for Truck Crashes

Posted by Trent Kelly on August 17, 2020
Trucking Company Liability for Truck Crashes

Truck accident liability can be complicated, and trucking companies can often be liable for accidents and injuries. Claims against companies can be challenging, so you want to have representation from an experienced Austin truck accident attorney. 

 

If another driver causes a car accident, your claim will likely be focused on an insurance claim with that individual driver’s provider. After a commercial truck accident, the insurance claim process can be more complicated, however, as there are often liable parties other than the truck drivers themselves. For example, trucking companies are often liable parties following a truck crash. 

Going up against a company and its commercial insurers is quite different than going up against a consumer auto insurer. In this situation, you always want to have the right Austin truck accident lawyers handling your claim.

Strict Liability

When someone is negligent while on the job, and it causes injuries to others, the law holds an employee strictly liable for the actions of the employee. This means that even if the trucking company did nothing wrong itself, you can often file an insurance claim against the trucking company if a commercial truck driver made an error in judgment and caused an accident. This is important since commercial policies of companies will often have higher limits than individual driver policies. This means that if your injuries are severe, you have a better chance of recovering for high-value losses if you file a claim against the trucking company. 

 

There are ways that trucking companies try to avoid strict liability, which is one reason why you need the right legal assistance. Your lawyer can examine the circumstances of your truck accident, as well as the employment relationship of the truck driver. You want an attorney who knows how to challenge attempts to avoid liability on the part of the trucking company.

Trucking Company Negligence

In some situations, trucking company liability is not based on the actions of a driver, but instead on the negligence of the company and its managers or representatives. Trucking companies can make many errors in their operations that can contribute to or cause one of its semi-trucks to crash. Some examples of trucking company negligence can include:

  • Allowing people without the necessary commercial driver’s license or endorsement to operate commercial vehicles
  • Hiring people with a history of dangerous driving violations, such as aggressive driving or driving under the influence of alcohol or drugs
  • Failing to properly supervise drivers or to perform the drug and alcohol tests on drivers as required by the Federal Motor Carrier Safety Administration (FMCSA) regulations
  • Not suspending drivers for failing drug and alcohol tests or committing other safety violations
  • Encouraging drivers to violate hours of service restrictions or helping to cover up violations
  • Not properly having trucks inspected, maintained, or repaired

 

These are only some reasons why trucking companies might be held liable if a truck accident results in serious injuries to other motorists.

The Right Austin Truck Accident Lawyers for Your Case

Truck accident claims can be complicated, especially since multiple claims might need to be filed against multiple parties. Fortunately, the Austin truck accident attorneys of Terry & Kelly, PLLC, are ready to help. Call (512)-910-2000 or contact us online today. 

 

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