You were in an accident with a truck. You have serious injuries and financial losses from being unable to work. You know the driver made mistakes, but the trucking company may also be responsible. Though it can be more challenging in some situations, it is possible to hold a trucking company responsible after your crash with the help of a Philadelphia tractor trailer accident lawyer if you can demonstrate their negligence.
Demonstrate Their Negligence
To hold the trucking company accountable, you must demonstrate that they are negligent. There are four elements to proving negligence:
- Duty of care
- Breach of duty of care
- The breach of duty caused the accident
- The accident caused the injuries and losses you have directly
To prove these factors, you must be able to have evidence that clearly outlines what occurred, how it happened, and why you believe the truck company was responsible. There are several key ways to do this, and your tractor trailer accident lawyer will help you do so.
Causes of Truck Accidents Caused by the Trucking Company
To determine if the trucking company was negligent, consider the following causes of truck accidents that often fall on the shoulders of the trucking company. Though not every situation qualifies in one of these areas, many truck accidents are caused, at least in part, by the negligence of the trucking company.
Poorly Maintained Vehicles
In situations where the trucking company owns the tractor trailer and fails to maintain it, that can lead to fault. For example, if the trucking company did not provide routine maintenance and inspections of the truck, and the truck’s tire blows out, causing an accident that leads to your losses, the trucking company could be held responsible.
To develop this type of claim, your attorney may seek records of maintenance and upkeep on the vehicle. Trucking companies typically must maintain this information for federal regulators, and that means it is available when there is a need to verify routine maintenance.
Non-Compliance to Federal Truck Driver Regulations
A truck company is responsible for the actions of its employees, including truck drivers. One of the most common areas of concern occurs when a truck driver is tired. If they are working beyond the allowable hours set by the federal government, the truck company could be held responsible.
For example, the Federal Motor Carrier Safety Administration requires drivers to monitor how many hours in a row they work without a break and puts stipulations on how often they need to stop working. This is called the hours of service. Truck drivers can work a maximum of 11 hours in a 14-hour workday, but only if they have had at least 10 consecutive hours of being off duty before that shift.
The truck company is responsible for ensuring their drivers are taking these breaks. This is demonstrated, for example, through timesheets and records. If the truck company does not comply with these rules, and it is found the driver was tired behind the wheel, the truck company could be held responsible for the accident.
Driver Training
Trucking companies that hire drivers must ensure those drivers have the proper training and experience to operate their vehicles. There are various rules about the types of commercial trucking licenses available, as well as the type and amount of training they need. The truck company is responsible for ensuring those they hire have the proper education, training, and licensing to operate their vehicles.
If you can demonstrate the driver did not have the right type of driver training or that the driver’s commercial license was no longer active, the company can be responsible for those losses. Truck companies have a duty to ensure their drivers have the ability to act in a safe manner.
Additional Opportunities to Hold Truck Companies Responsible
There are several additional situations in which the truck company could be held responsible. That includes:
- The company knew a driver was reckless and still allowed them to drive.
- The truck company fails to maintain the proper type of insurance.
- The company failed to report serious accidents to the Department of Transportation as required.
- The company was transporting dangerous goods or hazardous materials without declaring they were doing so.
- A lack of random drug and alcohol testing of the driver did not determine the driver was at risk for intoxication.
- Cargo was not loaded properly.
In any of these cases, it can be a challenge to prove that the company was responsible for what occurred. However, that is a critical step in recovering fair compensation for your losses.
Hire an Attorney to Fight for Your Rights
In these situations, where you have injuries caused by the negligence of a trucking company, you need an attorney to fight for full and fair compensation for you. Turn to Kwartler Manus to learn more about how we can help you at a free consultation.