When Is The Trucking Company Liable?
Table of Contents
- Truck Accident Stats
- Understanding Liability in Trucking Accidents
- Federal and State Regulations Governing Trucking Company Liability
- When Trucking Companies Are Liable for Driver Actions
- When Trucking Companies Are Liable for Vehicle Maintenance Failures
- When Trucking Companies Are Liable for Cargo-Related Issues
- Take the First Step Toward Justice
Trucking accidents can cause serious injuries and extensive damage, making it important to understand who is liable when things go wrong.
Liability refers to the legal responsibility a trucking company may hold when their vehicles or drivers are involved in an accident.
Knowing when a trucking company is held accountable can help accident victims recover compensation for their injuries and losses.
Truck Accident Stats
| Statistic | Value |
|---|---|
| Total large truck accidents in 2021 | 523,796 |
| Increase in large truck accidents from 2020 to 2021 | 26% |
| Truck accidents causing injuries in 2020 | 101,000 |
| Fatal truck accidents in 2020 | 4,444 |
| Percentage of fatal accidents involving semi-trailers | 53% |
| Accidents involving hazardous materials | Less than 1% |
| Fatal truck accidents in rural areas | 55% |
| Fatal accidents involving truck speeding | 7.3% |
| Truck accidents occurring during daylight hours | 79.6% |
| Total deaths from large truck accidents in 2021 | 5,788 |
| Percentage of fatal truck accidents involving male drivers | 96% |
| Average age of truck accident fatalities | 43.9 years |
Understanding Liability in Trucking Accidents
Liability in trucking accidents is more complex than typical car accidents. This is because multiple parties may be involved—the driver, the trucking company, and sometimes third parties, such as manufacturers.
Determining when the trucking company is liable depends on a variety of factors, such as whether the company complied with federal regulations, maintained the vehicle properly, and hired qualified drivers.
In many cases, trucking companies will share some responsibility for accidents because they oversee key safety measures.
Federal and State Regulations Governing Trucking Company Liability
Trucking companies must adhere to a complex web of federal and state regulations designed to ensure road safety.
These rules, set forth by agencies such as the Federal Motor Carrier Safety Administration (FMCSA) and state Departments of Transportation (DOT), play a significant role in determining liability.
When these regulations are violated, the trucking company can be held liable for accidents, regardless of whether the driver or other factors contributed to the crash.
Federal Motor Carrier Safety Regulations (FMCSR)
FMCSR sets safety rules for trucking companies to reduce accidents and ensure compliance with federal standards. Violating these regulations can result in liability.
- CDL and regular medical exams are required
- Limits on driving hours and mandatory rest breaks
- Regular inspections and upkeep are mandatory
- Properly loaded and secured cargo is required
- Random testing for alcohol and drug use is required
- ELDs track hours to enforce service limits
- Companies must carry required levels of insurance
- Special regulations for transporting dangerous goods
- Companies must ensure proper driver training
- Serious accidents must be reported to the DOT
Following FMCSR guidelines is crucial for trucking companies to avoid accidents and maintain legal compliance, preventing liability and legal consequences.
State-Level Regulations and Their Impact
While federal laws provide a broad framework, individual states can have their own regulations that affect trucking companies.
For example, states may impose stricter vehicle weight limits or more detailed requirements for driver background checks.
Trucking companies must ensure that their operations comply with both federal and state laws.
If a state regulation is violated—such as exceeding weight limits on state highways—the trucking company can be held liable for any resulting accidents.
Maintenance and Inspection Requirements
Both federal and state laws require trucking companies to regularly inspect and maintain their vehicles.
The FMCSA mandates that companies keep detailed records of maintenance activities and repair work.
These logs are crucial in determining liability after an accident, as they provide insight into whether the company has properly maintained its fleet.
If an accident occurs due to a mechanical failure, such as brake failure, and maintenance records show neglect, the trucking company will likely be held responsible.
When Trucking Companies Are Liable for Driver Actions
Trucking companies are often held responsible for the actions of their drivers under a legal concept called “vicarious liability.”
This means that if a driver causes an accident while performing their job duties, the company can be held accountable as well.
However, determining liability involves examining how the company manages its drivers, including hiring, training, and supervision practices.
Vicarious Liability and Its Application
Vicarious liability holds employers responsible for the actions of their employees. In trucking, this means if a truck driver causes an accident while working, the company could be liable. The principle ensures companies are accountable for their drivers’ behavior, especially when the driver was performing job-related tasks.
Here are the key factors in determining vicarious liability:
- The driver must be an employee, not a contractor.
- The driver must have been working at the time of the accident.
- Unsafe driving or behavior must be a cause of the accident.
- Unsafe schedules or company demands may increase liability.
- A poor driving history that was ignored by the company.
- Neglect in maintenance that contributed to the accident.
- The company’s insurance typically covers such incidents.
- Lack of proper training or supervision of the driver.
- State laws
- Illegal acts outside job duties may exempt the company.
Negligent Hiring Practices
Trucking companies are also liable when they hire drivers who are unqualified or unsafe.
If a company hires a driver with a history of driving under the influence or multiple traffic violations, and that driver causes an accident, the company may be liable for negligent hiring.
Companies are required to screen their drivers by checking commercial driving licenses (CDLs), reviewing driving records, and conducting background checks.
Failure to follow these steps can lead to serious legal consequences if an accident occurs.
Inadequate Driver Training and Supervision
Driver training is another area where trucking companies must exercise caution.
If a company fails to provide adequate training—such as instructing drivers on how to handle large vehicles, secure cargo, or comply with hours-of-service regulations—it can be held liable for accidents.
Additionally, companies must regularly supervise their drivers, ensuring they follow safe driving practices and federal regulations.
Lack of oversight can result in unsafe driving behaviors, which increases the company’s liability in the event of an accident.
When Trucking Companies Are Liable for Vehicle Maintenance Failures
Proper vehicle maintenance is critical for trucking companies to ensure the safety of their drivers, other motorists, and pedestrians.
Large trucks carry thousands of pounds and travel long distances, making routine inspections and timely repairs essential to prevent accidents.
If a trucking company fails to maintain its vehicles according to legal standards, it can be held liable for accidents caused by mechanical failures.
The Importance of Routine Inspections
Trucking companies are legally required to conduct regular inspections on their vehicles to ensure that they are roadworthy.
These inspections cover key parts of the truck, such as brakes, tires, lights, and the engine.
When a company neglects these inspections or skips crucial maintenance tasks, it increases the likelihood of an accident.
For example, if a truck’s brakes fail due to a lack of maintenance, and it leads to a multi-vehicle crash, the company may be found liable for neglecting its duty to ensure the vehicle’s safety.
Maintenance Records and Liability
One of the primary ways to prove a trucking company’s liability in a maintenance-related accident is through its maintenance records.
Federal regulations require companies to keep detailed logs of all repairs, inspections, and part replacements. These records serve as evidence in accident investigations.
If the logs show that the company ignored critical repairs or falsified maintenance information, they can face severe legal penalties.
A simple review of these records often reveals whether the company followed safety protocols or cut corners to save costs.
Consequences of Neglecting Vehicle Repairs
Neglecting vehicle repairs is one of the most common reasons trucking companies are held liable.
Trucks endure significant wear and tear due to long hours on the road and the heavy loads they carry.
If a company fails to repair known issues—such as replacing worn-out tires or fixing faulty brake systems—it is directly responsible for any accidents that result from those failures.
Additionally, trucking companies that allow vehicles to operate in poor condition not only risk legal liability but also endanger the public’s safety on the road.
When Trucking Companies Are Liable for Cargo-Related Issues
Cargo loading and transportation are vital aspects of trucking that, when mishandled, can lead to devastating accidents.
Trucking companies are responsible for ensuring that all cargo is properly loaded, secured, and transported according to legal requirements.
If cargo shifts or falls due to improper handling, it can cause serious accidents, making the trucking company liable for the resulting damages.
Improperly Loaded or Unsecured Cargo
One of the main causes of trucking accidents is improperly loaded or unsecured cargo.
Federal regulations require that cargo be evenly distributed and properly secured to prevent it from shifting during transit.
When a trucking company fails to ensure that the cargo is loaded according to these standards, it can shift suddenly, causing the driver to lose control of the truck.
If a load falls off the truck and causes a crash, the trucking company can be held liable for failing to secure the cargo safely.
Cargo Weight Limits and Overloading
There are strict weight limits in place for trucks to ensure that they can be operated safely on the roads.
The Federal Motor Carrier Safety Administration (FMCSA) has specific guidelines on how much weight a truck can carry based on its size and design.
Overloading a truck not only damages the vehicle’s parts—like its tires and brakes—but also increases the risk of a rollover or other serious accidents.
If a company allows a truck to exceed its weight limit and the truck is involved in an accident, the company may be liable for damages caused by the overloaded vehicle.
Transporting Hazardous Materials
Some trucking companies transport hazardous materials, which require even more stringent regulations.
These materials include things like chemicals, fuel, or waste that can cause additional harm if spilled in an accident.
Trucking companies that transport hazardous cargo are responsible for training their drivers on how to handle these materials safely.
If the company fails to provide this training or ignores proper safety procedures for hazardous materials, it can be held liable for any accidents or environmental damage that occurs.
Take the First Step Toward Justice
If you or a loved one has been injured in a trucking accident, it’s important to understand your legal options.
Contact Drake Injury Lawyers, your trusted Birmingham truck accident lawyer, to discuss your case and explore how we can help you pursue the compensation you deserve.
Call us today at (205) 679-5193 for a free consultation!