If you’re involved in an accident with a big rig, you might think the driver is the only one legally responsible for the crash. However, that’s not always the case. Liability can extend to the trucking company, as explained below.
Trucking companies are legally required to keep their vehicles in good condition, hire competent drivers and follow strict safety regulations. When they fail to follow these obligations, the consequences can be deadly.
Picture a truck with worn-out brakes that were never inspected or a sleep-deprived driver forced to meet impossible deadlines. That kind of negligence puts everyone on the road at risk, and if it causes a crash, the trucking company can be held liable.
Gathering the right evidence is crucial
To hold a trucking company liable, you must link their negligence to the crash. That means gathering evidence that shows how their actions or failure to act directly contributed to the accident. This includes:
- Driver logs – to check if they were overworked
- Maintenance records – to see if the truck was in poor shape
- The company’s hiring practices – to ascertain whether the trucking company did proper background checks when hiring drivers
- Dashcam or surveillance footage
- Witness statements
- Accident reconstruction reports
The trucking company could also be held legally responsible for their driver’s action as the employer if the driver was working within the scope of their job when the crash occurred. Remember, the more evidence you have tying the company to the events leading to the accident, the stronger your case will be.
The sooner you act, the better
Trucking companies don’t keep records forever and some key evidence, such as black box data and maintenance files, can disappear within weeks. Similarly, eyewitness memories can fade or become less reliable over time.
It’s worth noting that there may be other potentially liable parties, like truck part manufacturers and cargo loaders, depending on the details of the crash. Seeking legal guidance as soon as possible after an accident involving a commercial truck can make all the difference in holding the negligent parties accountable and recovering a fair settlement for your damages.