Corporate Responsibility in Truck Accidents

 It isn’t always clear who is legally responsible after a commercial truck accident, whether it is the complete responsibility of the driver themselves, or if the trucking company they drive for is legally liable as well. Trucking is a high-stress occupation, with huge demands placed on drivers to deliver their cargo as quickly as possible. When drivers are put under this type of pressure, accidents happen.

If you or a loved one has been injured in an accident due to another driver’s negligence, we at 844 See Mike are here for you every step of the way to ensure that your rights are protected, and you are fully compensated for your injuries and losses. 

Independent Contractors

Common sense would say that the truck driver is completely responsible for a trucking accident. And, if the truck driver is an independent contractor, that could be correct. Generally speaking, a trucking company is not responsible for the conduct of the independent contactor working for them.

An independent contractor will own their own truck, pay for their own gas, oil, truck repairs, and liability insurance. They will also be paid on a “per route” basis, will not have taxes taken from their pay, will not receive employee benefits, and will not be instructed on how to drive or make deliveries.

Essentially, if an employer controls the result of the work, but not how it is accomplished, there is an independent contractor relationship in place. If, however, a trucking company controls the truck drivers schedule or how to move the cargo, they may also be considered liable for a trucking accident.

Corporate Responsibility

When a truck driver is working for a trucking company, the trucking company can be pursued as a defendant in a trucking accident lawsuit under the theory of “Respondeat superior”. Under this theory, an employer is responsible for the unintentional acts committed by their employees within the scope of their employment.

These acts under respondeat superior include negligent behavior such as poor truck maintenance, speeding, driving while fatigued, driving under the influence of alcohol or drugs, failure to follow federal regulations, eating, texting, or using the cellphone while driving, and unsafe driving in adverse weather conditions.

Determining what constitutes an act that is within the scope of employment can be difficult, but some common factors include:

• Intent of the employee
• Type of work the employee was hired to do
• Nature, time, and place of the employee’s conduct
• Amount of freedom allowed to the employee in performing their duties
• Incidental acts the employer should reasonably expect the employee to do
• Amount of time consumed in the activity

It is important to note that a trucking company will most likely not be liable for intentional acts of its employees, such as assault, battery, or when the employee is not on-the-clock for its employer.

Third-Party Responsibility

On occasion, truck accidents occur due to faulty equipment. Defective brakes, tires, and axles can cause a truck driver to lose control at high speeds, causing catastrophic accidents and injuries. When an accident occurs due to defective or malfunctioning truck parts and equipment, parts manufacturers may be held liable for any damages that occur.

When any trucking accident occurs, it is important that it be investigated fully to determine which party or parties may be legally liable for your damages and injuries. Only an experienced personal injury lawyer can gather the important evidence in a truck accident case and pursue claims against each responsible party to ensure you receive the compensation you deserve. 

We at 844 See Mike are proud to serve our fellow citizens in personal injury cases, especially when you or a loved one has been injured in a trucking accident, and we are fully committed to protecting your rights and ensuring that the other party is held legally accountable when negligence occurs. We will fight until the very end to ensure that you are fully compensated for all injuries and losses resulting from the accident, including medical expenses, property damage, lost wages, and pain and suffering, and you won’t owe us a dime for our services.

We see you as a person, not just a client – and that makes us better at work we do. We listen. We learn your story. And, as we help you get the money you deserve, we go above and beyond in a way most law firms never could and never would. Because we’re not just lawyers. And you’re not just a client. We’re friends, neighbors, family. We’re all people and here at 844 See Mike, we put People, First.

Helping our clients is about counseling, advocating, and ultimately solving problems. With years of experience successfully representing the people, not the powerful, we will take care of the insurance adjusters, your medical bills, your property damage, your lost wages, and monitor your treatment so you can focus on healing and getting your life back to normal. Our unique formula has earned us over 900 outstanding client reviews on our website, an A+ BBB rating, and over 120 five-star reviews on Google.  Call 888-572-0176, e-mail us at michael@agrusslawfirm.com, or schedule meeting with us here. We’re here 24/7.