Is The Driver or Company Responsible for Damages in a Truck Accident?

Is The Driver or Company Responsible for Damages in a Truck Accident?

On Behalf of Rosenthal, Levy, Simon & Sosa | March 32, 2023 | Truck Accident Injuries

Truck accidents significantly differ from other types of motor vehicle crashes involving passenger vehicles because the truck driver is typically employed by a trucking company. So when determining whether the truck driver or company that employs them is responsible for your damages after getting hurt in a truck crash, the answer usually boils down to these factors:

• The cause of the truck crash
• The employment status of the truck driver
• Other factors

Determining Who is Liable for Damages in a Truck Accident

Determining who’s responsible for the damages resulting from a truck crash can be difficult because multiple parties may be at fault. Generally, however, two parties, the driver or their employer, may be held liable for the damages. But how do you determine that one or both parties are liable for your injuries and other damages?

Let’s say the trucker has been driving for 16 hours or so without adequate rest breaks, and he begins falling asleep because of exhaustion. But the driver continues driving because the company offers incentives to drivers who beat the deadline and he’s close to his destination. He falls asleep and the truck drifts to the other lane and crashes into your vehicle, causing serious injuries to you and your passengers.

Using the above scenario, to figure out which party you can hold responsible for your damages, you must determine the following things:

• Whether the trucker was following or breaking the law when the crash occurred. Aside from following the same traffic laws as all road users, truckers must also follow stringent federal trucking laws. For example, they can’t drive for more than 14 hours after 10 consecutive off-duty hours. Also, off-duty hours don’t extend the 14-hour limit.
• The cause of the crash. Obviously, the driver caused the crash because they fell asleep and violated the law.
• Whether the trucker is an employee or an independent contractor. You can hold the trucker responsible for your damages if he’s an independent contractor. If he’s an employee, you may be able to hold both the trucker and trucking company liable under the vicarious liability law. This law provides that employers may be held accountable for their employee’s actions as long as the employee was on the clock or performing a work-related task for the employer.
• The policies of the trucking company. The company may not be following federal laws. From the scenario above, encouraging drivers to drive while fatigued to get an incentive may be considered negligence.

Talk to a Skilled West Palm Beach Truck Accident Attorney Now

Do not accept a settlement from the trucker or trucking company’s insurer without talking to an experienced attorney. The West Palm Beach truck accident attorneys at Rosenthal, Levy, Simon & Sosa have the resources and experience required to fully investigate complex truck accident cases and secure maximum compensation from all liable parties.

Call our office at 561-478-2500 or complete our online form to arrange your complimentary consultation with our West Palm Beach truck accident attorney.