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Are trucking companies responsible for truck accidents

On Behalf of | Feb 11, 2020 | Truck Accidents

Washington State Department of Licensing requires truck drivers to complete several months of training to receive a commercial driver’s license. Regardless of several years of training, the accidents still happen, and sometimes, as a result of negligence. Sometimes, truck accident laws may fall under motor vehicle accident law, which states that the complainant must establish damages, causation, and neglect. 

Victims in accidents caused by trucks have the right to sue the driver or the company. Sometimes, determining whether to sue the company or the driver may not be easy. To help make this easy, the plaintiff must understand these responsibilities for the company. 

Direct Negligence: The company may get considered to be negligent if it carelessly employed an incompetent driver. They failed to ensure proper licensing and fail to supervise maintenance, driving, and loading of the truck. Under the U.S law, trucking companies have ‘non-delegable duty’ which they cannot pass to someone else, and this may implicate them if they do not follow it. 

Responsible for the employee: The truck driver was acting at an employment capacity. Hence, the company is liable for negligence caused by its employees if operating in the scope of duty when the accident occurred. 

Common accident causes are not as a result of bad weather. Most of these accidents occur as a result of fatigue, speeding, distracted driving, driving under the influence of alcohol or drugs, overload, and poor maintenance. 

Regardless of the cause, the law regarding track accidents is complex, and it is essential to understand everything required, including who to sue when filing a claim.