Southern California Injury Lawyer Blog
A trucking company can be held liable for injuries caused by its driver under several legal theories. The primary theories include vicarious liability, negligent hiring, training, or supervision, and direct liability for failing to maintain safe vehicles. Here is what to consider:
Vicarious liability holds employers responsible for the actions of their employees if the employee was acting within the scope of their employment at the time of the accident. This means that if a truck driver causes an accident while performing job-related duties, the trucking company can be liable for the resulting injuries and damages.
Negligent Hiring, Training, or Supervision A trucking company can be directly liable if it is found negligent in its hiring, training, or supervision of its drivers. Examples include:
- Negligent Hiring: Failing to conduct proper background checks, hiring a driver with a history of reckless driving, DUIs, or other disqualifying factors.
- Negligent Training: Inadequate training regarding safety regulations, truck operation, or handling hazardous materials.
- Negligent Supervision: Failing to monitor the driver’s compliance with safety protocols, hours of service regulations, or drug and alcohol policies.
Direct Liability for Vehicle Maintenance Trucking companies have a duty to ensure their vehicles are properly maintained and safe to operate. They can be held liable if an accident is caused by mechanical failures due to poor maintenance, such as brake failures, tire blowouts, or other mechanical issues.
- Federal and State Regulations: Trucking companies must comply with various federal and state regulations, including those set by the Federal Motor Carrier Safety Administration (FMCSA) and the California Department of Motor Vehicles (DMV). Non-compliance can serve as evidence of negligence.
- Hours of Service Violations: Truck drivers must adhere to hours of service regulations to prevent fatigue-related accidents. Companies that encourage or fail to monitor compliance with these regulations can be held liable.
In summary, a trucking company in California can be liable for injuries caused by its driver under vicarious liability, negligent hiring/training/supervision, and direct liability for vehicle maintenance issues. Plaintiffs must prove the company’s negligence and its role in causing the accident to hold the company accountable.
California roads and freeways are some of the busiest in the world and the U.S. Tens of thousands of tucks and commercial vehicles pass through California every year. Unfortunately, this also means risk of accidents and serious injuries.
When injured in a trucking accident, it is important to hire a personal injury attorney who specializes in these types of claims.