How Trucking Companies Can Be Held Liable for Truck Accidents?

El Paso truck accident lawyers

The legal aftermaths of truck accidents tend to be more complicated than those of other types of crashes. Besides the increased risk of devastating injuries and fatalities, determining liability can be challenging. Most might assume that the truck driver is always responsible, but trucking companies can also be held liable, depending on the circumstances.

What Are the Main Factors That Establish Liability for Trucking Companies?

Establishing liability for trucking accidents requires investigations and evidence gathering. One primary factor is whether the truck driver is an owner/operator or employed by a trucking company.

If an employed truck driver is found to be negligent in their duties, such as violating traffic laws, driving under the influence, or failing to maintain a proper rest schedule, liability may rest with the trucking company. Employers are typically responsible for the actions of their employees while they are conducting business on behalf of the company.

Compliance with federal and state regulations also plays a significant role. Trucking companies must follow certain rules pertaining to maximum driving hours, vehicle maintenance, cargo loading, and record-keeping. If a company fails to comply with those requirements, negligence can contribute to its liability in the event of an accident.

How Can Negligent Hiring Practices Affect Liability?

If a company fails to conduct thorough background checks or hires drivers with a history of unsafe driving or substance abuse issues, it can be held liable for accidents that occur as a result of such negligence. Employers have an obligation to ensure that their drivers are qualified and capable of performing their tasks safely. A failure to conduct proper vetting can lead to significant legal repercussions if an accident occurs.

In addition, if the company fails to provide adequate training or supervision, it may be found liable. Proper training includes instruction on vehicle operation, understanding local traffic laws, and following safety protocols.

What Role Does Insurance Play in Truck Accident Liability?

Insurance is a critical factor in the aftermath of a truck accident. Most trucking companies are required to carry liability insurance, which covers damages arising from accidents. The amount of coverage is based on state laws, the size of the trucking company, and other factors. When an accident occurs, the insurance policy often becomes the primary source of compensation for injured parties.

In some cases, trucking companies may attempt to minimize their liability by denying claims, arguing that they are not responsible for the accident. In other instances, they make low settlement offers that might not cover a claimant’s damages. Insurance negotiations can be complicated, and a thorough understanding of the law is necessary to manage the process effectively.

What Steps Should I Take After a Truck Accident?

After a commercial truck accident, call 911 and request medical attention, even if you and your passengers do not show signs of injuries. Many symptoms do not present immediately after an accident and can be very serious.

Next, documenting the accident scene, collecting witness statements, and taking photographs can provide valuable evidence for any future legal claims. Also, request a copy of the police report and contact your insurance provider. We advise against admitting fault, offering long explanations, or saying anything else that might jeopardize your claim.

Contacting a qualified attorney experienced in handling truck accident cases also makes sense, especially when there are significant injuries. Before contacting your insurer, you can call for a consultation about protecting your rights and the potential for pursuing compensation.

How Can Our El Paso Truck Accident Lawyers at Flores Mendez Law Assist You?

Our skilled El Paso truck accident lawyers at Flores Mendez Law can explain the necessary steps for building a solid case for compensation for your injuries. If you are ready to start this journey, call our El Paso, Texas, or Las Cruces, New Mexico office at 915-308-9999 or complete our online form for service in the surrounding areas.

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Mrs. Connie Flores went above and beyond in helping my son with his case.  She took my son’s case, not for money but for the principle of the matter. Mrs. Flores treated my son like her own and stood firmly for justice. I cannot thank Mrs. Flores enough for her determination with my son’s case.

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Ms. Connie Flores did an outstanding job in my personal injury case. She made me feel like family and to this day, I consider her a friend. She is aggressive yet compassionate. You can tell that she leads with her heart for her clients. I recommend anyone and everyone to her when the need arises. I can not say enough about her lawyering skills and her professionalism.

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