Under something known as vicarious liability, you might find that employers are responsible for the actions of their employees at times. Following a truck accident, many people might think that the truck driver is the only party who is liable for your accident. However, this is not the case. If the driver is an actual employee and not an independent contractor, you might find that the company shares liability with them. This can happen under many circumstances.
For instance, what happens if the trucking company was pushing their driver to complete many hours on the road even though they know that it will put the truck driver in a bad position because they have already spent many hours on the road? Now you find yourself in a situation where a drowsy driver has caused an accident and it was the fault of the employer. In these cases, the employer will likely be held liable.
What happens in cases involving a truck driver who was inexperienced for the job? Could the truck company be liable in these cases or does liability fall solely onto the driver?
Dangers of Inexperienced Truck Drivers
Truck drivers are required to pass certain tests and obtain licenses so that they can legally transport goods on our roads and drive large commercial trucks. This means that, if you see a truck driver on the road, you can almost always ensure that they received certain training courses and that they had many examinations before they were legally permitted to drive one of these large vehicles that can very easily cause serious accidents on our roads.
These rules have been implemented by the Federal Motor Carrier Safety Administration (FMCSA), which requires all trucking companies to only hire those who are trained and qualified for the job. However, you will find that every year, companies are negligent when they hire truck drivers because they just want to put as many drivers on the road as possible to bring in income for their companies. This is not the case with every company but, sadly we find that many drivers are not qualified as we expect.
If a company does this, they are intentionally putting other drivers in danger on our roads. This means that the company could easily be found liable, which means that you would not only hold the driver liable in a personal injury claim, but also the company.
Holding a Driver and Company Liable
If a driver was working within the scope of employment when your accident occurred and it happened due to driver inexperience, there is a good chance that you will be able to prove your claim and move forward to receive the compensation you deserve. At Katz Kantor Stonestreet & Buckner, we want you to understand how important it is to hold a party liable when they have caused you harm in some way. We want to help you from the very start as you gather evidence, speak with witnesses, and go to settlement or trial to settle your matters. Our experienced truck accident attorneys are here for you and we will not stop at anything until you receive the results you deserve. Contact us today at (304) 713-2014 for more information.
