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Will the Trucking Company Be Liable If Their Drivers Cause a Truck Accident?

Will the Trucking Company Be Liable If Their Drivers Cause a Truck Accident?
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FREE CASE EVALUATION
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Will the Trucking Company Be Liable If Their Drivers Cause a Truck Accident?

A trucking company has certain responsibilities to the general population. Truck collisions with other smaller vehicles can cause harsh injuries, huge damages and in some cases may end fatally. These accidents can happen for various reasons, but mostly because truck companies hire unqualified drivers, don’t provide adequate vehicle maintenance, repairs, and inspections, and are non-compliant to federal regulations.

If you were a victim of such an accident, seek medical help, but also consult with a New York truck accident attorney.

The Trucking Company Hired Unqualified Drivers

Finding a good driver is a challenge due to the lack of drivers in the country. This forces trucking companies to hire new employees that may not be well-qualified. In such a rush, companies send drivers on the roads failing to provide them enough training. The lack of experience may lead to several traffic violations. If the driver lacks qualifications, a proper license, and doesn’t understand the laws and guidelines across the country, the trucking company will be legally responsible for any accident they cause.

Failing to Report Driver Violations

Unqualified drivers can cause numerous violations such as driving under the influence, truck hails over the weight limit, feeling tired while driving due to inadequate sleeping and rest periods, and safety violations (speeding, running red lights).

It’s not uncommon for the trucking company to encourage these dangerous habits. These companies will often turn a blind eye when their drivers commit a violation.

Poor Truck Maintenance and Inspection

The company should provide adequate inspections and maintenance of the trucks to prevent failures of mechanical systems. Some defects can be discovered when routinely examining the truck along with other items that may require replacement (tires or brake pads).

Proper maintenance demands recurrent inspections but if the entity doesn’t comply with this requirement and an accident happens, the trucking company will be found liable and responsible for damages.

During regular maintenance and inspection, the company can discover improperly loaded trailers, beds that degrade over time and need replacement and rusty or old parts.

Failure to Follow Federal Regulations

According to federal regulations, the trucking company must provide standard times for sleep, rest, and breaks for their drivers. Based on the weekly hours, the trucker must have time to rest and get out of the vehicle. Fatigued truck drivers tend to drive long hours which is why they can experience these symptoms:

  • Distractions in the cab
  • Headaches and health issues
  • Nervousness from too much caffeine and lack of sleep
  • Weakened judgment and slower reaction time

If it shows that the trucking company didn’t follow the federal requirements and their driver caused the accident because they were tired, the company may be liable for the damages and injuries and will have to compensate them.

Poorly Loaded Truck Cargo

To load a truck, it’s necessary to measure and recheck all equipment and straps. If the truck’s cargo isn’t secured or it lacks a proper balance, it may fall off the truck and cause the truck to roll over. The truck may crash and cause a serious accident that could lead to severe injuries or death.

What to Do at the Scene

If you are involved in a truck accident, there are several important things you need to do. The state of New York requires all drivers involved in an accident to stop and exchange information. If there are injuries and damages that are higher than $1000, the accident should be reported within ten days. If you fail to do this or fail to give the correct information to the other driver or a police officer, you’ll face a misdemeanor. In most truck accidents, the involved people usually end up with injuries or property damage. Always call medical help and the police at the scene. They will examine the accident and will create a report.

Let the medics examine you and if it’s necessary, you will be taken to a hospital. The police report and the medical examination will help your case when it’s time to seek a compensation claim.

If it turns out that the truck driver caused the accident because of any of the reasons mentioned above, the trucking company may be held liable. They would have to compensate for your damages and injuries.

How do you prepare in this case?

The best way to be sure that you’re doing things right is to hire a truck accident attorney. Your only concern should be your healing.

Are you looking for a consultation? Cellino Law’s team will review your case for free.

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