A trucking company may be liable for a truck crash if its driver caused the accident while acting within their scope of work duties. The trucking company may also be held liable if its own actions resulted in the crash, such as negligent hiring practices, lack of maintenance on its vehicles, or violating federal regulations.
If you or a loved one has been in a truck accident, chances are you are not sure whether or not the truck driver or the trucking company, or both, are ultimately responsible. Overwhelming, stressful events like this are best dealt with by consulting a truck accident lawyer who has a successful track record and who has the resources and expertise to manage all the details of your particular case.
At Munley Law, our truck accident attorneys have decades of experience, are nationally recognized, and are experts at aggressively pursuing the justice and compensation that truck accidents deserve. Our team includes Daniel Munley and Marion Munley, nationally recognized as the top Pennsylvania trucking lawyers in the nation. We work on a contingent fee basis — we collect a fee only if we win your case. Contact us today to schedule a free consultation.
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Call Us At 844-686-5397 What Scenarios Make the Trucking Company At Fault in a Truck Accident?
The trucker whose negligence caused a truck crash can be held liable, as can the trucking company the trucker drives for. Trucking companies can be held liable when their employees put forth negligent actions on the road that result in trucking accidents. There are many scenarios where trucking companies may be found liable in a truck accident:
- Improper maintenance by the trucking company can make commercial vehicles dangerous to operate and lead to an avoidable collision. Commercial trucks that are owned by the trucking company are to be inspected and maintained before going on the road.
- Improper training by commercial transportation companies can put uneducated, misinformed truck drivers behind the wheel of heavy vehicles that can cause serious injury or even death. Truck drivers must undergo extensive training, but if the trucking company fails to ensure that its assigned employee is properly vetted and trained, the company may be held liable.
- Unrealistic demands and tight deadlines may be imposed on truck drivers, causing extra stress on the road and leading to negligent actions, including speeding. Fatigue, overworked drivers, and violations of hours-of-service requirements may result from unrealistic expectations, and this negligence may lead to a truck crash, making a trucking company liable. Schedules must be realistic and take into account mandated inspecting procedures, logging procedures, speed guidelines, and break guidelines, to name a few.
The Federal Motor Carrier Safety Administration (FMCSA) has mandatory regulations requiring truck companies to ensure their employees practice proactive precautions, inspections, maintenance, and repairs before, during, and after their assignments. This also includes how they manage their rides, such as rest stops, timing guidelines, and logging inspections, breaks, and driving particulars. Should any of these procedures fall astray, the trucking company may very well be liable.
Is the Commercial Trucking Company Liable if the Driver is an Independent Contractor and At Fault?
Yes, provided that the driver is on a paid assignment, and that fault is inherent, has been established, and can be supported appropriately. There are many instances in which trucking company carriers attempt to claim that independent contractors are not their employees and that liability does not fall on the commercial trucking company. Doctrines and regulations have been amended and updated in the past to speak to these gray areas. Legal doctrines and FMCSA regulations convey that commercial trucking carriers are now responsible when employing independent contractors for job assignments, just as they would their own employees, when a job assignment is at hand and in scope:
- The Doctrine of Respondeat Superior, also known as “Respondent Superior (translating to ‘the superior must answer,’ in Latin),” supports that an “employer is liable for the negligent acts or omissions of [their] employee which are committed within the scope of [their] employment. To impose liability, there should be some evidence that a master-servant relationship existed between the parties…[specifically], if respondeat superior [employer] had the right or power to control and direct the physical conduct of the other [truck driver] in the performance of the act. If there is no right to control, there is no liability.” [Wilson v. United States, 989 F.2d 953, 958 (8th Mo. 1993)]. This may also be regarded as “vicarious responsibility,” as a legal term for the liability held by the party in charge.
- The Motor Carrier Safety Act includes an amendment that holds the commercial trucking company responsible not only for its employees but also for the independent contractors it hires and pays. The Federal Motor Carrier Safety Regulations casts aside the need to separate “independent contractors” and “employees” so that carriers’ liability for their own employees and for their commissioned employees is one and the same: “The motor carrier is, therefore, responsible for compliance with the FMCSRs by its driver employees, including those who are owner-operators (as defined in § 390.5T, FMSCA Motor Carrier Safety Act, 1997).”
What Are the Steps to Holding a Commercial Trucking Company Liable for a Truck Accident?
Before you can hold the commercial trucking company liable for the trucking accident, fault must be proven. In a truck accident, multiple parties, including the truck driver, the trucking company, and inspectors, could be at fault. To determine fault, the following must be established:
- The truck driver or trucking company had a responsibility to keep you safe from harm.
- The at-fault parties failed to keep you safe, causing a truck accident.
- The truck crash resulted in an injury
- The injured party now has expenses because of the accident, such as medical bills or lost wages.
Timing is crucial. Injured parties must receive medical attention and be evaluated; medical records, police reports, eyewitness testimony, and pictures are all important in building your case and documenting damages.
How Can a Truck Accident Lawyer Help My Case?
Munley Law’s on-staff team of investigators will respond to the scene of an accident as soon as possible. Our team will document skid marks, accident debris, as well as oil, gas, and radiator fluid stains at the wreck scene. Our investigators will also obtain police reports, motor carrier records, witness statements, photographs, and safety logs. We will secure the “black box,” an electrical recording device that contains vital information about the big rig.
The sooner you engage our personal injury attorneys to represent you, the sooner we can protect the evidence. We have a great track record, including the region’s largest truck accident settlement on record, and over 65 years of experience. To speak with an experienced truck accident attorney about your personal injury claim, call or contact Munley Law. You can reach us 24/7. We offer a free initial consultation and operate on a contingency fee basis, so you don’t pay until we win your case.
Marion Munley
Marion Munley has been practicing personal injury law for nearly 40 years. She is triple board-certified by the National Board of Trial Advocacy for Truck Accident Law, Civil Trial Law, and Civil Practice Advocacy. She currently serves as Vice President of the American Association for Justice, an organization dedicated to safeguarding victims’ rights. Marion has won many multimillion-dollar recoveries for her clients, including one of the largest trucking accident settlements in history. She has been named a Top 10 Super Lawyer in Pennsylvania since 2023, a Best Lawyer in America, and was recently inducted to the Lawdragon Hall of Fame.
