When can You Sue a Trucking Company?
When another driver crashes into your car, you generally would assume that you would file an insurance claim or lawsuit against that driver directly. However, in some cases, other entities may be held liable for your car accident-related losses, which can increase your chances of a full financial recovery. This is often the case in truck accidents cases as many times, the trucking company may be held responsible instead of just the truck driver.
Responsibility for Employee Actions
In many cases, companies may be held accountable for the actions of their employees while on the job under a legal doctrine called “respondeat superior.”1 Therefore, if a truck driver is working for a company and causes an accident, the company may be held liable for the truck driver’s negligence. There are a few exceptions to this legal rule, though in most cases, respondeat superior will allow you to sue the company directly.
Trucking Company Negligence
In addition to being liable for the negligence of employees, trucking companies can be negligent in and of themselves. The following are only some examples of negligence on the part of trucking companies:
- Negligent hiring – Hiring drivers with a history of driving violations or who are unqualified to operate commercial trucks puts dangerous drivers behind the wheel of large trucks.
- Inadequate inspection and maintenance – Failing to keep trucks in their fleet in good repair can lead to malfunctions and crashes.
- Failing to perform drug tests – The Federal Motor Carrier Safety Administration (FMCSA) requires that companies perform random tests on drivers and failing to do so can lead to impaired driving.
- Allowing FMCSA violations – If a trucking company knows its drivers are violating any FMCSA regulations2 and fails to discipline the driver, it can result in dangerous truck driver behaviors.
Contact a New London Truck Accident Lawyer for Assistance Today
Generally speaking, trucking companies have significantly deeper pockets and greater insurance coverage than individual truck drivers. These companies also have more resources to defend against liability, so going up against them in court is not easy. You need a law firm handling your case with the skill and resources to prove your claim against the trucking company so that you receive full compensation. Please call a Connecticut truck accident attorney at Polito & Harrington LLC at 860-447-3300 for a free consultation.
1https://www.law.cornell.edu/wex/quotation/%5Bfield_short_title-raw%5D_123
