Truck Wreck Liability: Company, Driver, or Both?December 19, 2016
When you get in a wreck with a truck, you may think the truck driver is solely responsible for the accident. After all, it was the truck driver’s negligence (bad driving) that caused the wreck. That may not always be the case thought. A trucking company may also be held liable for its own independent negligence in hiring, training, supervision, or retention of the driver. The trucking company can also be held liable for negligently entrusting the vehicle to the driver in some cases. the acts and omissions of its drivers.
Texas law allows an injured party to hold the employer responsible for the negligent actions of the employee when the employee was in the course and scope of his employment for the employer. Part of the reasoning behind this law, known as respondeat superior, is that the employer is in a better position to compensate the injured party than the employee. An employer likely has more assets and the financial means to satisfy a monetary judgment. An hourly or paid-per-load truck driver may not have the financial capability to compensate the injured parties in the wreck, which are often be severe in truck wrecks.
The employee must be in the course and scope of his employment. In other words, you can’t hold an employer liable for something the employee did on his day off. More often than not, when a truck driver causes a collision he is in the course and scope of his employment. In these situations, the employer can be held liable. Trucking companies have often been found liable for the unsafe and negligent driving of their employee. If the trucking company retained a driver with repeated violations of traffic regulations, or the Federal Motor Carrier Safety Regulations, the company can also be held liable.
If you or a loved have been involved in a truck wreck and have suffered injuries as a result, please contact us immediately. The attorneys at the Amaro Law Firm have successfully handled all types of truck wreck cases and can help you hold all responsible parties liable in order to obtain any possible compensation for your injuries. Contact us today for a free consultation.