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Is a Trucking Company Liable for Your Injuries?

While the Federal Motor Carrier Safety Administration (FMCSA) reports that driver error is the leading cause of commercial truck crashes, drivers are not the only ones who may be held accountable for the injuries and losses of accident victims. In many cases, a legal claim may also be filed against a trucking company. This is important because trucking companies often have significantly higher insurance limits as well as more substantial assets to cover losses from severe injuries.

“Respondeat Superior”

There is a legal doctrine called respondeat superior that imposes liability on an employer when an employee causes harm while on the job. If an employee is acting within the scope of their employment (i.e. making a delivery in a commercial truck) when they act negligently and cause a crash, the injured may also seek compensation from the employer. The same is true with truck drivers and trucking companies.

One issue with respondeat superior claims after a truck accident is that many companies may try to classify truck drivers as independent contractors to try to avoid liability. We can fight to prove that a driver has been misclassified if that is the case so that you can receive full compensation for your injuries.

Negligence of the Company

In some cases, the company itself can be negligent and can be responsible for the circumstances leading to the accident. Some examples of negligence that may occur on the part of a trucking company include:

  • Hiring drivers who don’t have the necessary licenses or qualifications
  • Hiring drivers with a known history of dangerous traffic violations
  • Hiring drivers without the proper background checks
  • Not testing drivers for alcohol and drugs or not disciplining drivers for testing positive
  • Not adequately maintaining or inspecting its fleet of trucks
  • Encouraging or allowing unlawful behavior by drivers
  • Covering up hours of service violations

Discuss Your Case with a Skilled Jacksonville Truck Accident Attorney Today

Identifying all potentially liable parties is essential to a successful truck accident claim. Please contact an experienced truck accident attorney at Williams Law to discuss your options today. Call our office at 904-580-6060 for a free consultation.

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  • 10752 Deerwood Park Blvd,
    Suite 100
    Jacksonville, FL 32256
  • (904) 580-6060
  • (904) 671-9483