Trucking accidents tend to be far more destructive than collisions involving only cars and other small vehicles. What’s more, lawsuits arising from trucking accidents are more complicated due to the multiple parties that may share in the fault. The company that owns or leases the truck can often bear liability for damages based on various factors related to its operations, policies and legal responsibilities.
Employment of the driver — Under the legal doctrine of vicarious liability, the trucking company may be held liable for the actions of a driver it employs, provided these actions are taken in the course of their job duties. If an accident occurs while the driver is transporting goods or making deliveries and the driver was negligent, the company bears responsibility.
Negligent hiring, training and supervision — A trucking company might conduct less than thorough background checks, hire unqualified drivers or provide inadequate training. It might also fail to monitor its drivers for issues like substance abuse. These negligent acts can make the company directly liable for damages following an accident.
Overloading and/or not securing cargo — Accidents such as jackknifes and rollovers can be caused by overloading of trucks. Improper securing of cargo can lead to shifting of weight, compromising the stability and balance of the truck and leading to crashes. If trucking company employees or a contracted shipper loaded the truck, the company might be held liable.
Inadequate maintenance and inspection of vehicles — Not properly maintaining the company’s fleet of vehicles can lead to failures of component parts and systems, such as brakes and steering. A company that does not subject its trucks to regular inspections might be putting an unsafe vehicle on the roads, which is a basis of direct liability if there is an accident.
Violations of federal highway safety regulations — Trucking companies are covered by extensive federal regulations governing such aspects as restrictions on drivers’ hours of service and requirements that drivers take mandatory rest and meal breaks. A company can be held liable for allowing or tacitly encouraging its drivers to ignore regulations for the sake of meeting ambitious deadlines.
Failure to Maintain Accurate Records — Trucking companies must keep accurate records of vehicle maintenance, drivers’ hours of service and other operational matters. Failure to do so can lead to regulatory violations and may contribute to liability in the event of an accident.
If you’ve been injured in an accident involving a tractor-trailer or other large vehicle, all potentially responsible parties should be named in a legal action seeking compensation. An experienced truck accident attorney will conduct a thorough investigation to make certain that all grounds of fault by all parties are addressed.
Gesmonde, Pietrosimone & Sgrignari, L.L.C. in Hamden and East Haven represents Connecticut clients injured in trucking accidents. To discuss your case, 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.
Attorney Advertising. This website is designed for general information only. The information presented at
this site should not be construed to be formal legal advice nor the formation of a lawyer/client
relationship.
[ Site Map ]