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Can a Trucking Company be Negligent?

• February 16, 2021
• Cloud, Ryan & Rouse, LLC
• LEAVE A COMMENT

Trucking accidents are one of the most severe that can happen on U.S. roads. The damages they cause are costly and far-reaching. In these cases, it’s crucial to hold all negligent parties liable. Sometimes the trucking company is one of these parties. It is best to call an experienced attorney.

Being involved in an accident with a semi-truck is no less than terrifying. One moment you’re safely driving down the road to your destination, and the next, you fear for your life. When you think about fault for the accident, the obvious person to blame is the truck driver. 

However, in some cases, fault or negligence goes far beyond the truck driver. It can extend to municipalities responsible for road conditions, a manufacturer of the truck’s parts, and even the trucking company. When you hire a well-versed Huntsville truck accident attorney to represent you, they will determine who was negligent in causing your accident. This is the first step in seeking financial recovery.

What is Negligence?

Negligence can vary based on the situation and each party’s role in the situation. Generally, negligence is a failure to act in a way that another person or party would have acted in the same circumstances. To win damages, you or your Huntsville truck accident attorney must provide evidence supporting the four elements of negligence in your case. These include:

1. A legal duty that the at-fault party owed to the injured party
2. The at-fault party violated their duty
3. Because of their violation, the other party suffered an injury
4. The violation of the duty caused the injury (proximate cause) and damages

Trucking Company Negligence

There are many ways in which a trucking company can be negligent. Some accidents involve multiple lawyers of negligence. A trucking company could be at least partially liable for your injuries if:

• Their driver is negligent—they can be held responsible through vicarious liability, meaning the truck driver is acting as an extension of the trucking company. If the truck driver speeds on icy roads, the trucking company is also liable.
• Negligent hiring—trucking companies are responsible for hiring safe drivers. They should be vetting them by checking their driving and background records. If they fail to do this and a driver has a history of criminal charges, traffic incidences, or DUI charges, the trucking company can be liable. They shouldn’t have hired this driver in the first place. With a Huntsville truck accident lawyer on your side, they can look into the driver’s previous records and determine if the trucking company followed proper hiring procedures. 
• Lack of supervision and enforcement of regulations—there are many federal and state laws that truck drivers and trucking companies must follow. For example, the law dictates how much time a driver can clock driving at once and how many hours of rest they must get before starting a shift. Trucking companies should be making sure their drivers adhere to these laws, but they often don’t. If their driver causes an accident, they will also be liable.
• Not maintaining or inspecting their fleet—Trucking companies need to ensure that their trucks are in good working order. Inspections and maintenance should be done according to the law. Any issues they find need to be dealt with immediately, or the truck should not be operated. 

Huntsville Truck Accident Lawyer 

If you’ve been injured in a trucking accident, time is of the essence. Find out how an experienced Huntsville truck accident attorney from Cloud, Ryan & Rouse can help you by calling 256-801-1000 or using our convenient online contact form. We offer free case reviews for all trucking accident victims. Schedule yours today.