Truck Employer Negligence
Truck drivers are not the only party held responsible for 18-wheeler or commercial vehicle accidents. In some instances, the trucking company that is the driver's employer may have responsibility. Trucking companies must ensure their driver's safety and operate their vehicles safely on the road. You must proceed with a truck accident investigation as soon as possible when a truck accident occurs. Your accident may be due to the truck companies' employer's negligence.
Trucking companies are responsible for the maintenance and safety of the commercial trucks they put on the road. Additionally, they are responsible for the reliability of their employees. This is why a truck accident investigation is essential. It can determine if the trucking company’s action or inaction played a role in the accident. This is why hiring an experienced Houston truck accident lawyer is essential in receiving your compensation.
How can an employer be responsible for a truck accident?
A trucking company's negligent behaviors can result in truck accidents. Additionally, trucking companies' negligence affects their driver's ability. In both instances, the trucking employers' negligence is cause for legal action if you suffered as a result.
Trucking accidents are severe. They often cause personal injury cases or even wrongful death. The most common accidents are jackknifing, unsecured cargo, rollovers, underride, or hazardous material. You may ask, how can the employer fault these accidents? Employers may be at fault through negligent hiring practices. Also, inadequately trained drivers or extended hours may place them at fault. Additionally, improperly maintained 18-wheeler trucks are the employer's fault.
Negligent Hiring Practices
Hiring is critical for truck companies in maintaining road safety. According to the National Highway Traffic Safety Administration (NHTSA), 21% of truck drivers involved in fatal crashes in the year 2010 had a least one speeding conviction. Additionally, 13% of all truck drivers involved in fatal accidents had been in a previous wreck. While these numbers do not identify the driver's fault in each impact, they reveal the importance of proper screening during the employment process.
A trucking company must implement some aspects into a primary screening of their future drivers.
Examples Of Negligent Hiring May Include:
If you are in a truck accident, highlighting the failures in trucking companies hiring practices and procedures can be crucial. An experienced truck accident lawyer can prove that the trucking company failed to uphold its duty to take safety precautions. For instance, in the case of a drunk truck driver, an employer may be held negligent if there is evidence of the driver having a history of alcohol abuse or DUIs.
Improperly Maintained Truck
Trucking companies must maintain their trucks. The negligent practice of poor truck maintenance can directly result in catastrophic consequences on the road.
Examples Of Negligent Poor Truck Maintenance:
Inadequately Trained Drivers
Not hiring or providing your truck drivers with proper training is also an example of negligent behavior. The United States Department of Transportation’s Federal Motor Carrier Safety Administration has enacted several regulations regarding the training and testing of commercial truck drivers. By these regulations, it is the responsibility of the trucking company or employer to ensure that a driver complies with the rules. Truck drivers must be adequately trained in four areas: driver qualification requirements, hours of service, driver wellness, and the existence of whistleblower protection.
Long Hours
Truck companies have been known to push their drivers to work long hours to deliver goods more quickly. This helps the company make more money. There are numerous laws and rules regulating a truck driver’s driving hours. The Hours of Service Rules are a set of regulations enacted to help prevent driver fatigue. These are crucial rules and regulations and should always be followed, with no exceptions. A trucking company that forces its drivers not to follow them or otherwise looks the other way is guilty of negligent behavior.
Employer Negligence
It is the responsibility of trucking companies to ensure that their vehicles and drivers are equipped to handle the job safely. When this isn’t the case, the employer and/or company should be held liable for the accidents and injuries that result.
Walker Texas Lawyer is an experienced truck accident attorney that can help you get the compensation you deserve.