When a Big Rig Causes a Crash: Holding Trucking Companies Accountable
Being involved in a truck accident is a uniquely devastating experience. The sheer size and weight of an 18-wheeler often lead to severe injuries and complex legal battles. While it’s natural to focus on the driver at fault, it’s crucial to understand that the trucking company itself may bear significant responsibility. This article explores the legal avenues for seeking compensation from trucking companies due to negligence, the pros and cons of doing so, and how a skilled attorney can protect your rights.
The Law & Corporate Responsibility
Generally, a trucking company is liable for damages caused by its drivers while they are working. However, liability can extend beyond simply holding the driver accountable. A company can be held directly responsible for its own negligence – failures in its legal duties as a business. This is where a strong legal strategy becomes essential.An attorney will assess your case to determine the most effective approach,focusing on whether to pursue a claim based on the driver’s actions or the company’s direct negligence.
How Corporate Negligence Causes Crashes
Several factors can establish a claim of direct corporate negligence. These often stem from cost-cutting measures or a disregard for safety regulations. Here are some key areas:
1.Poor Hiring Practices: Trucking companies have a legal and ethical obligation to thoroughly vet potential drivers. A recent Louisiana Supreme Court case, Martin v. Thomas, highlighted the dangers of inadequate screening. Companies are expected to:
* Conduct comprehensive background checks.
* Contact former employers to verify work history and performance.
* Scrutinize driving records for past violations (DUIs, reckless driving, etc.).
* Implement and enforce robust employee screening procedures.
failing to do so can expose a company to negligence claims. If a company hires a driver with a known history of unsafe behavior, they are putting the public at risk.
2. Neglecting Equipment Maintenance: The Texas Department of Public Safety sets clear standards for truck inspection and repair. Mechanical failures are a frequent cause of truck accidents, and companies are legally required to maintain their vehicles properly. Evidence of negligence can include:
* skipping required inspections.
* Failing to maintain accurate maintenance records.
* Ignoring known defects or delaying necessary repairs.
A lawyer will meticulously investigate maintenance logs and inspection reports to uncover any overlooked duties or deliberate cost-cutting that compromised safety.
3.Inadequate Training Programs: A commercial driver’s licence is just the beginning. Ongoing training is vital to ensure drivers can handle the complexities of the road. Comprehensive training should cover:
* Federal hours-of-service regulations (preventing driver fatigue).
* Defensive driving techniques for various conditions (highways, congestion, weather).
* Safe navigation of challenging situations (heavy loads, steep inclines, construction zones – like those common in San Antonio).
A company’s failure to provide adequate training can directly contribute to an increased risk of accidents.
Pros and Cons of seeking Compensation from the Company
Pros:
* Higher Potential Recovery: Trucking companies typically have significantly more assets and insurance coverage than individual drivers, leading to a greater potential for a substantial settlement.
* Systemic Accountability: Holding a company accountable can lead to improvements in safety practices, preventing future accidents.
* Comprehensive damages: A claim against a company allows for recovery of all damages, including medical expenses, lost wages, pain and suffering, and potentially punitive damages.
Cons:
* Complexity: These cases are often more complex and require extensive examination and legal expertise.
* Lengthy Process: Negotiating with a large corporation and their insurance company can take more time than a claim against an individual.
* Strong Defense: Trucking companies have dedicated legal teams prepared to defend against claims.
How a Lawyer can definitely help Protect Your Rights
Navigating a claim against a trucking company requires a lawyer with specific experience in this area of law. Here’s how an attorney can definitely help:
* Thorough Investigation: Gathering evidence, including police reports, maintenance records, driver logs, and witness statements.
* Expert Consultation: Working with accident reconstruction experts to determine the cause of the crash and establish negligence.
* Negotiation with Insurance Companies: Handling all communication with the trucking company’s insurance provider and aggressively negotiating a fair settlement.
* Litigation: If a fair settlement cannot be reached, filing a lawsuit and representing you in court.
* Understanding Regulations: Navigating the complex web of federal and state trucking regulations.
Don’t Face This Alone – Seek Legal Guidance
If you or a loved one has been injured in a truck accident, it’s crucial to consult with an experienced attorney as soon as possible. A free consultation allows you to discuss your case, understand your rights, and explore your legal options. Many firms, like Carabin Shaw, offer contingency-fee arrangements, meaning you onyl pay attorney fees if they successfully recover compensation for you.
Don’t delay – call 800-862-1260 today
