Establishing Trucking Company Liability

In the aftermath of a serious trucking accident, most victims are often not only injured, but also confused as to what happened leading up to a collision. Many times, trucking accidents are not only the fault of a negligent driver but could also indicate liability on the part of a trucking company responsible for that driver. There are many different issues involved in these types of accidents, making determining who is legally responsible more difficult than with other kinds of collisions. Our Miami truck accident lawyers have extensive experience representing clients in legal actions focused on establishing trucking company liability. Our firm assists in investigation of a company’s hiring, supervising, and other practices to establish where fault lies, and works tirelessly to make sure victims receive the financial support they are entitled to following a devastating truck crash. With clients throughout South Florida, including Broward, Miami-Dade and Palm Beach Counties, we are dedicated to making sure victims’ legal rights are aggressively advocated for throughout the legal process. If you’ve been injured in a truck crash, or lost a loved one in a fatal accident, please contact our office today to schedule a free consultation to discuss your legal options.

According to the United States Department of Transportation, there are approximately 500,000 truck accidents nationwide each year, with many of them leading to fatalities for other motorists involved. Often, a truck driver’s negligent act is a contributing factor to causing a crash, either by speeding, driving while overly fatigued, or otherwise engaging in unreasonable actions on the road. However, trucking companies can also be held liable for their roles in a trucking accident. Commercial truck drivers are either classified as employees or independent contractors working for a trucking company. Depending on this classification, there are multiple ways to establish a trucking company’s liability. Many independent contractors own and operate their own trucks and are responsible for their vehicle’s maintenance as well as obtaining insurance, making that driver the most responsible party in the event of an accident. However, depending on the level of control a trucking company has over a driver’s schedule as well as how cargo is transported, a trucking company could still be liable as a defendant under certain circumstances. A Miami attorney knowledgeable in truck accident cases can assess whether establishing trucking company liability will be an issue in your case.

Trucking companies can be either vicariously or directly liable for the negligent actions of an employee-driver. Vicarious liability attaches when a negligent act occurs within the course and scope of employment. For example, a driver speeding to make a delivery deadline on time, at the behest of his or her employer-company and leading to an accident, can give rise to vicarious liability for that company. Companies are also directly responsible for their own negligence. Trucking companies must take reasonable care in their hiring practices, when supervising truck drivers, and when maintaining their vehicles. When a company hires a driver with a bad driving record, such as a history of drunk driving, and that driver causes a collision while under the influence, the trucking company could be found liable for negligent hiring. An experienced truck accident lawyer in Miami can help you gather evidence of a company’s failure to conduct proper background checks or engage in other reasonable measures during the hiring process to establish this sort of liability. Additionally, when a mechanical failure or other maintenance issue contributes to a crash, corporate liability is shown through evidence regarding lack of proper inspections conducted, evaluations of log books, purchasing orders, and other documentation regarding vehicle upkeep.

Truck accidents cause a high number of catastrophic injuries, and it is important to make sure the proper parties are held accountable to victims for their medical expenses, as well as loss of income and other damages. Trucking companies that play a part in causing such harm are no exception. Our truck accident attorneys help victims pursue legal action in the aftermath of a serious collision to ensure that they receive the compensation necessary for their recovery. We represent clients in Miami, West Palm Beach, Fort Lauderdale, and other cities in Miami-Dade, Palm Beach, and Broward Counties. If you or a loved one has been injured in a truck accident, please call 877.499.4878 or contact us online today for a free, no obligation consultation to find out more about how we can help.