A necessary step in Georgia personal injury cases is showing fault. Essentially, we need to recreate the accident so it is obvious who is to blame for the accident which injured you. With truck accidents, we need to show who is to blame for a truck crashing into your vehicle and sending you to the hospital.
For many accidents, a negligent truck driver is to blame. Truckers often make errors while on long hauls, or they get distracted or possibly hooked on drugs. In some cases, though, we’ll end up suing the trucking company for the crash. Below, our truck accident lawyers look at the most common situations where a trucking company is liable for an accident involving one of their trucks.
1. Negligent Hiring of Employees
An employer must use reasonable care in how they conduct their business. This duty also applies to trucking companies when they hire drivers. Both state and federal laws set requirements, such as a valid commercial driver’s license (CDL) and a satisfactory physical exam. But trucking companies should also avoid hiring someone with red flags that they are a dangerous driver.
Unfortunately, competition for truckers is intense. Some companies will overlook DUI convictions or a history of accidents just because they are desperate for a warm body behind the wheel. They might also hire a trucker who has not passed a physical recently. Hiring someone with sleep apnea or heart disease can result in accidents when the trucker has a medical event behind the wheel.
Negligent hiring makes trucking companies liable for wrecks. Let us analyze what hiring practices the company used.
2. Negligent Contracting
Trucking companies often hire out important duties, such as maintenance or truck loading. Nonetheless, a company must use reasonable care when hiring an independent contractor to do any work for them. If they don’t, then the company is usually on the hook:
- A hired mechanic does not perform adequate repairs on the trucks, and the malfunctioning truck crashes;
- A loading company fails to secure cargo or overloads the truck, leading to a rollover or jackknife accident;
- A parts company provides worn out or defective parts for a truck, causing it to crash.
The trucking company should perform necessary due diligence on all their contractors. If they don’t, then we might sue them for a wreck.
3. Failure to Perform Needed Repairs
A trucking company must maintain the trucks it puts on the road. Regular inspections and comprehensive repairs are necessary so that rigs do not malfunction during a haul and crash into innocent people.
Some companies refuse to fix their trucks, or they use worn-out parts. Old tires, for example, can often explode because the rubber has become brittle and cannot withstand the pressure. These cost-cutting measures end up compromising public safety, and victims can sue the owner of the truck for these accidents.
4. Negligent Supervision or Training of Truck Drivers
Once trucking companies hire a trucker, they must train and supervise them. Some trucking companies are too “hands off,” often because they are afraid of losing a trucker. A lack of supervision can include refusing to discipline a trucker or failing to share critical safety training.
Trucking companies rarely admit they have failed to supervise their drivers. However, your attorney can demand access to employee or company records. We might find a history of failing to discipline truckers.
Federal laws require that trucking companies regularly drug test their drivers. They should seek a test whenever they suspect a trucker is high or drunk. They should also perform random testing throughout the year and tests after certain accidents. If the trucker fails, then the company should suspend them. Federal regulations require a trucker complete a return-to-duty process before hauling again.
Some companies cut corners and either refuse to drug test or falsify results. They might also fail to suspend the trucker. We can hold the company liable for an accident.
5. Incentivizing Illegal Conduct
The federal government promotes public safety by regulating the trucking industry. Some of the most important rules include:
- Prohibiting the use of hand-held cell phones while a truck is in motion;
- Limiting the number of hours a trucker can work in a day and a week;
- Requiring mandatory discipline for drug violations.
A company might create incentives for truckers to break these rules. For example, the company could pay extra for a trucker to drive all night to reach their destination faster. Or the company might give the trucker a hand-held cell phone and require that they use it. In extreme cases, a trucking company might encourage a trucker to use certain stimulants (like methamphetamine) to stay awake.
Any company that encourages illegal conduct could be liable for a crash. We might even seek punitive damages if we have clear evidence of this type of behavior.
6. Vicarious Liability for Employees
Lastly, employers in Georgia have vicarious liability when an employee negligently injures someone on the job. This is a broad legal principle. Georgia recognizes that employees are advancing their employers’ interests while working. Therefore, it’s fair to hold the employer accountable when their employee negligently hurts someone.
This means we can typically sue a trucking company for some of the most common accidents:
- Distracted driving
- Failing to yield
- Speeding or driving too fast for conditions
- Changing lanes illegally
- Backing up without using mirrors
Once we prove the trucker was working during the accident, we can automatically seek compensation from the trucking company.
Speak with an Atlanta Truck Accident Attorney Today
Were you hurt in a truck accident? Transportation companies are some of the largest and most powerful in the Southeast. They have the largest law firms in the area defending them from their negligent or illegal conduct. At Stewart Miller Simmons Trial Attorneys, we bring decades of experience to work on behalf of accident victims like you. You should never go up against a big transportation company on your own. Call us today, (404) 529-3476 to schedule a free consultation.