If you or a loved one has been hurt in a collision with a tractor-trailer, semi-truck or other large vehicle, you may not be limited to seeking compensation from the truck’s driver. The company that owns or leases the truck also may be responsible for paying damages. Depending on the circumstances, there can be multiple legal grounds for bringing a lawsuit against the trucking company.
One basis for liability is when the truck driver is a company employee. An employer is legally responsible for injuries that their workers cause while on the job. Although the driver may be directly at fault for the accident, the company can be sued as well, and its insurance coverage will be implicated.
In addition, there may be grounds on which the company is directly responsible for causing an accident. The transportation industry is subject to extensive regulations under the Federal Motor Carrier Safety Administration (FMCSA), which are meant to protect the safety of drivers and of other people on the roads. Unfortunately, some companies cut corners on compliance, thereby increasing the likelihood of accidents. A company can be directly liable for the following acts:
Faulty maintenance — FMCSA regulations require regular inspection and maintenance of vehicles. If a trucking company skimps on maintenance and puts a vehicle back into service despite its being in a dangerous condition, the company is directly liable for any harm that results.
Negligent hiring — Driving a tractor-trailer on interstate highways and through urban centers requires a high degree of skill and training. Yet, trucking companies may fail to assess drivers’ skill and experience before hiring them. If the accident’s cause can be traced to the negligent hiring of an unqualified driver, the company may be liable.
Setting unrealistic delivery deadlines —FMCSA regulations limit the number of hours a driver can spend behind the wheel and require regular rest periods. But trucking companies sometimes set overly ambitious deadlines and put pressure on drivers to meet them. Drivers might drive too fast or shortchange their rest periods, leading to fatigue that can cause accidents.
Negligent loading of cargo — Improperly situated or poorly fastened cargo can shift, making the trailer unstable, harder to stop and more likely to jackknife or to tip over on turns. If the trucking company or someone it hired participates in loading a truck that gets into an accident, this can be a basis of direct liability
Trucking companies and their insurers have deep legal resources that they employ to reduce or deny payouts on accident claims. An experienced trucking accident attorney is essential to leveling the playing field so that you can obtain the fair compensation you need for medical costs, lost wages, pain and suffering and other losses suffered.
Gesmonde, Pietrosimone & Sgrignari, L.L.C. in East Haven and Hamden represents injured victims of truck accidents throughout Connecticut. To set up a free consultation, please call 203-745-0942 or contact us online.
Gesmonde, Pietrosimone & Sgrignari, L.L.C. is located in Hamden, CT and serves clients in and around North Haven, Hamden, Waterbury, Bethany, Milford, Wallingford, Prospect, Woodbridge, Northford, Madison, Beacon Falls, Branford, Cheshire, North Branford, East Haven, Naugatuck, Meriden, Ansonia and New Haven County.
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