You are cruising down I-10, enjoying the El Paso sunshine, when suddenly, a giant truck swerves and slams into your car. The impact is terrifying, and you are left shaken and unsure of what to do next. If the truck driver was at fault, you know you deserve compensation for your injuries and damages. But what if the driver was not the only one responsible? In many cases, the trucking company itself can be held liable for a truck accident. Our team at Hit By A Truck Call Chuck wants to help you understand when that might be the case.
Truck Company Liability
Trucking companies have a duty to ensure their operations are safe and comply with all relevant laws and regulations. When they fail in this duty, they can be held responsible for accidents that result. Some key situations where a trucking company might be liable include:
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Negligent Hiring Practices
Trucking companies are responsible for hiring qualified and safe drivers. This means they should:
- Conduct thorough background checks
- Verify driving records
- Ensure drivers have the proper licenses and certifications
- Check for any history of substance abuse
If a company hires a driver with a history of reckless driving or substance abuse, and that driver causes an accident, the company could be held liable for negligent hiring.
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Inadequate Training
Once hired, drivers need proper training. This includes:
- Safe driving techniques
- Proper loading and unloading procedures
- Hours of service regulations
- Handling hazardous materials (if applicable)
The company might be at fault if a driver causes an accident due to a lack of training.
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Poor Vehicle Maintenance
Trucking companies must keep their vehicles in good working condition. This involves:
- Regular inspections
- Timely repairs
- Replacement of worn-out parts
When an accident occurs due to a mechanical failure that proper maintenance could have prevented, the company could be liable.
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Poor Vehicle Maintenance
Trucking companies must keep their vehicles in good working condition. This involves:
- Regular inspections
- Timely repairs
- Replacement of worn-out parts
When accidents occur due to a mechanical failure that proper maintenance could have prevented, the company could be liable.
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Violation of Federal Regulations
The trucking industry is heavily regulated by the Federal Motor Carrier Safety Administration (FMCSA). Companies must follow the rules about:
- Driver hours of service
- Vehicle weight limits
- Drug and alcohol testing
- Vehicle safety standards
Violations of these regulations that lead to accidents can result in company liability.
How to Determine Liability
Following a truck accident, it is important to investigate the cause thoroughly. This will involve collecting evidence like the police report, truck driver logs, maintenance records, and witness statements. An experienced El Paso truck accident lawyer can help you through this process and determine if the trucking company shares some of the blame. It is important to note that liability in a truck accident is not always clear-cut. Sometimes, both the truck driver and another party can share responsibility for the accident. This is called shared liability, and it means that the amount of compensation you receive will be based on your percentage of fault.
Why Trucking Company Liability Matters
Holding trucking companies accountable is important for several reasons:
- Justice for victims: It ensures that those truly responsible for the accident are held accountable.
- Adequate compensation: Trucking companies typically have larger insurance policies than individual drivers, which can be crucial for covering extensive damages.
- Improved safety: When companies face consequences for negligence, they are more likely to improve their safety practices, potentially preventing future accidents.
- Industry-wide impact: Successful claims against negligent companies can lead to positive changes across the trucking industry.
Possible Compensation in Truck Accident Cases
If the trucking company is found liable, you might be entitled to compensation for:
- Medical expenses (past and future)
- Lost wages and loss of earning capacity
- Pain and suffering
- Property damage
- Emotional distress
- In cases of extreme negligence, punitive damages
The amount of compensation can vary widely depending on the specifics of your case.
Contact Our El Paso Legal Team Today
Truck accidents in El Paso are complicated, especially when it comes to determining liability. While the truck driver might be the most obvious responsible party, the trucking company often bears significant responsibility. As you have seen, there are many ways a company’s actions or inactions can contribute to an accident.
If you have been involved in a truck accident, you need to understand your rights and the potential liability of all parties involved. Do not assume that you cannot hold a large trucking company responsible – with the right evidence and legal representation; it is possible to secure the compensation you deserve. Get in touch with our team at Hit by a Truck Call Chuck today.