Posted on behalf of Arnold Law Firm on April 17, 2024 in Trucking Accident
Crashes involving big rigs and other large commercial vehicles cause a lot of devastation in a matter of seconds. Truck drivers have a bad reputation for always being at fault in these collisions, but did you know that trucking companies may also be liable for damages from a crash?
At Arnold Law Firm, we represent injured victims, including those injured in California truck accidents. We have decades of experience and a history of proven results. Below we talk about when a trucking company may be liable for your medical costs and other losses after a Sacramento truck crash.
Injured in an accident involving a commercial truck? If so, your first stop should always be the nearest emergency room. Once your injuries are stabilized, we recommend seeking legal help right away. Truck crash claims are extremely complex, and trucking companies always have strong legal representation.
Our Sacramento truck crash lawyers have extensive experience, and our firm takes truck accident cases on contingency. This means there are no upfront costs for you to pay.
Call for a FREE case review after a truck crash. (916) 777-7777
Truck drivers often get blamed when they are involved in a crash, but things are rarely that simple or straightforward. Those who drive large commercial vehicles have tough jobs. They work long hours and drive on many dangerous roads. In addition to dealing with things like bad weather and poorly maintained roads, there are additional issues that are out of their control.
Drivers of smaller vehicles make poor decisions around big rigs, such as cutting in front of one of these large commercial vehicles and thinking they can stop quickly. Putting other driver negligence aside, however, it is important to understand how a trucking company may have contributed to or caused a collision.
Truck accidents can be complicated, and sometimes, the driver is not the responsible party. Here are some ways trucking companies might be at fault for a crash involving one of their vehicles:
Trucking companies have a responsibility to make sure their drivers are well-trained and qualified. This responsibility includes conducting a proper background check into the driving history and training of potential employees. Critical checks should include whether a driver has a history of violations, road rage, substance abuse issues and previous driving experience.
Failing to take these steps and engaging in other negligent hiring and training practices could make a trucking company liable for damages if one of these drivers causes a crash.
There are federal rules about how many consecutive hours truck drivers are permitted to work. These regulations were implemented to help prevent accidents caused by drivers becoming overly tired, drowsy or fatigued. If a trucking company pushes or pressures their drivers to work longer than regulations permit, they could be at least partially liable if driving while drowsy leads to a commercial truck crash.
Trucking companies, just like other vehicle owners, have a legal duty to take proper care of their trucks. If the trucking company fails to maintain their vehicles and that failure contributes to or causes a truck accident, they could be held liable.
Maintenance failures that could lead to a Sacramento truck crash include:
Trucking companies and their drivers have the ultimate responsibility for ensuring cargo is loaded and secured properly. Loaders may also share some liability if improper loading and securing of cargo causes a crash. When cargo is not loaded, distributed and secured properly, the shifting weight of the cargo could cause a crash. If that occurs, the trucking company could be at least partially to blame for not training their workers how to properly load and secure cargo.
Vicarious liability refers to the legal principle that holds an employer accountable for the actions of its employees while they are performing their job duties.
In the context of a truck crash, vicarious liability means that the trucking company can be liable for the negligent actions of its drivers if those actions occur within the scope of their employment. This liability could extend to include situations where the driver is operating the truck as part of their job, such as while making deliveries or transporting goods.
Even if the trucking company did not directly cause the accident, they may still be held liable for any damages resulting from their employee’s negligence while on the job.
Trucking companies are held accountable if they fail to properly record certain things. For instance, they need to keep proper records of things like a driver’s logged hours and vehicle maintenance.
If inadequate record keeping leads to a truck accident, the trucking company could be held accountable.
Hiring a lawyer after a truck crash is often a good idea, especially if you sustained serious injuries and other damages. Truck crashes are different from car accidents. For instance, evidence could get quickly lost or destroyed if your attorney does not ask to have it preserved.
Trucking companies will have legal representation, in fact, they may have more than one attorney. Having an experienced attorney means you have someone fighting to protect your best interests and legal rights.
At Arnold Law Firm, we have a history of proven results. We have been representing victims injured in all kinds of crashes for decades, including those injured in truck accidents.
Not sure if you have a truck crash case? We offer a completely FREE case review to discuss your situation and determine if you may have legal options.
If you have a case and we represent you, there are no upfront costs or fees to pay. We only get paid if you do.
We fight to get justice for you. (916) 777-7777
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