Determining Liability of a Trucking Company in a Truck Accident

Key Points:

• Both truck drivers and trucking companies can be held responsible for accidents involving trucks they own and operate.
• A solid understanding of both state and federal regulations, along with experience in investigating trucking accidents, is needed for successful resolution of these cases.

Table of Contents

After a truck accident, it’s important to remember that the trucking company, the driver, and the vehicle could have caused the incident. This can be the result of poor driver training, not performing regular maintenance of the truck, or allowing the driver to work beyond the legally permitted hours.

For example, a trucking company may not have provided proper training to their drivers on handling hazardous materials. In this case, a driver transporting flammable liquids might not be fully aware of the necessary safety protocols. If an accident occurs due to the driver’s lack of training, the responsibility could be assigned to the trucking company.

How can a Trucking Company Be Responsible for an Accident?

Trucking companies are subject to state and federal regulations designed to ensure public safety on highways. A key component of these regulations is the Federal Motor Carrier Safety Act, which some companies find to be too costly and time-intensive to comply with, so they may ignore areas like driver training and qualification, hours of service, and truck maintenance.

Putting profit over safety can have dire consequences. When trucking companies neglect these regulations, they undermine safety standards and significantly increase the risk of accidents.

Here are some examples of how ignoring the rules and regulations can lead to severe, sometimes fatal, accidents:

• Inadequate Driver Training: If a trucking company doesn’t train its drivers on how to drive safely and follow road rules, it can be held responsible for accidents.
• Letting Drivers Work Too Long: Companies can be at fault if they allow drivers to drive more hours than what the law says, leading to tired drivers who might cause accidents.
• Trucks Not Maintained Properly: When a company doesn’t regularly check and fix its trucks, problems like brake failure or tire issues can cause accidents.
• Hiring the Wrong Drivers: If a company doesn’t check the backgrounds of its drivers thoroughly, it might hire drivers who aren’t safe or qualified.
• Overloading Trucks: Putting too much cargo on a truck or not loading it correctly can make the truck unstable and more likely to be in an accident.
• Skipping Safety Equipment: Not having or not taking care of necessary safety gear on trucks is a big issue.
• Unrealistic Schedules for Drivers: When companies push drivers to meet very tight schedules, drivers might speed or take risks to finish on time.
• Ignoring Rules and Regulations: Not following state and federal rules, especially regarding hazardous materials and truck standards, is a serious problem.
• Not Watching Drivers Closely: Companies need to keep an eye on their drivers to make sure they’re following safety rules.
• Bad Record Keeping: Not keeping good records about driver hours, truck maintenance, and accident reports can hide safety problems.
• Not Fixing Safety Problems: Companies are responsible if they don’t fix safety issues they know about.
• Not Handling Drug and Alcohol Issues: If a company doesn’t enforce rules about drugs and alcohol, it can lead to drivers being impaired on the road.

Federal Regulations Trucking Companies Need to Follow to Avoid Legal Claims from Truck Accidents

If a truck company breaches any of the regulations below, it could be held liable if such a violation leads to an accident involving one of their drivers.

• Hours of Service (HOS) or Total Time Driving: Ensure drivers adhere to driving time limits and rest requirements to prevent fatigue. If a driver fell asleep, and that caused the accident, a truck accident lawyer will review the documented hours worked, and if there’s a violation, it can result in a legal claim against the company.
• Maintenance and Inspection: Regularly maintain and inspect vehicles to ensure they meet safety standards. One common example is outdated or worn-out brakes. Most truck accidents are caused by bad brakes. This can result in a legal claim against the trucking company.
• Commercial Driver’s License (CDL) Requirements: Verify that all drivers hold valid CDLs and meet the necessary qualifications.
• Drug and Alcohol Testing: Conduct pre-employment, random, post-accident, and reasonable suspicion drug and alcohol testing. If the driver was intoxicated at the time of the accident, there’s a possibility the claim can be against the truck company.
• Cargo Securement: Properly secure cargo to prevent shifting and accidents. If the employees for the trucking company failed to secure the cargo, and it causes an accident, there’s a possibility a claim can be filed against the company.
• Electronic Logging Devices (ELD): Use ELDs to accurately record drivers’ hours of service and ensure compliance.
• Medical Certification: Make sure that drivers have current medical certificates that confirm their fitness to drive.
• Hazardous Materials Regulations: Comply with all the handling and transportation requirements for hazardous materials.
• Accident Reporting: Follow federal guidelines for reporting any accidents involving commercial vehicles.
• Driver Training: Provide ongoing safety training and education for drivers on regulations and safe driving practices.

How Does Georgia’s Vicarious Liability Law Impact Trucking Companies?

O.C.G.A. § 51-2-2 is a law in the Official Code of Georgia Annotated that deals with vicarious liability, which is when an employer is responsible for what their employees do while working. This law is especially important when discussing how companies are accountable for their employees’ actions.

Here’s a simpler breakdown of O.C.G.A. § 51-2-2:

O.C.G.A. § 51-2-2: When Employers Are Liable for Their Employees’ Actions

This statute says that if an employee (like a truck driver) does something wrong while doing their job or while under their employer’s direction, the employer (like a trucking company) can be held responsible for any harm caused. For example, if a truck driver causes an accident while on a delivery, the trucking company can be sued for damages, injuries, or losses that happen because of the accident. This applies even if the trucking company didn’t directly cause the damage, as long as the driver was working for them at the time.

Vicarious liability encourages companies to be careful about whom they hire, how they train them, and how they oversee their work, since companies can be held accountable for their employees’ mistakes. This is an essential principle in both personal injury law and employment law, aiming to make sure companies take their hiring and management responsibilities seriously.

Situations Where Trucking Companies May Not Be Held Liable for Accident Claims

• Independent Contractor Status: If the driver involved in the accident was an independent contractor rather than an employee, the company might not be held liable, depending on the specifics of the relationship and the degree of control the company had over the driver’s work.
• Compliance with Regulations: Showing that the company and driver complied with all federal and state regulations, including Hours of Service (HOS) rules, maintenance requirements, and driver qualification standards, can be a defense against claims of negligence.
• Driver Error Unrelated to Company Policies: If the driver’s actions, which were not encouraged or permitted by the company’s policies, directly caused the accident, the company might argue it is not liable for the driver’s independent actions.
• Third-Party Fault: The company can argue that the fault lies entirely with a third party, such as another driver, a pedestrian, or a manufacturer of a defective vehicle part, and that their actions were the sole cause of the accident.
• Force Majeure: If the accident was caused by an uncontrollable event, like a natural disaster, the trucking company could claim it’s not responsible for the unavoidable circumstances.
• Contributory or Comparative Negligence: In some jurisdictions, if you were injured in an accident but it was partly your fault, then the trucking company may not be held accountable.
• Vehicle Maintenance and Inspection Records: Showing the vehicle was properly maintained and inspected can help defend against claims that mechanical failure contributed to the accident.
• Proper Cargo Loading: If the accident was caused by cargo shifting or falling from a truck, proving that all cargo was loaded and secured according to industry standards is a solid defense.
• Emergency Situations: If the accident happened while the driver was responding to an emergency, it might lessen the company’s liability.
• Mitigating Circumstances: Evidence that shows the driver or company took all possible precautions to avoid the accident can be helpful. This includes showing they adhered to safety practices beyond what the regulations require.

What Does Negligent Retention Mean, and How Can it Make Trucking Companies Liable in a Truck Accident?

Georgia’s law outlines the circumstances under which a company can be held responsible for its employees’ actions, especially if it hires someone unqualified and this decision leads to negligence. This legislation is relevant to personal injury cases, including those involving truck accidents.

The law reads:

*Negligent retention: Georgia Law provides that an employer is bound to exercise ordinary care in the selection of employees and not to retain them after knowledge of any incompetence. (O.C.G.A. § 34-7-20.)

“Ordinary care” means being as careful as a normal person would be under the same situation. When a trucking company hires a driver without properly checking if they are safe to drive or ignores their bad driving record, and then that driver causes an accident, the company didn’t use ordinary care in hiring. This is because they didn’t do their homework to make sure the driver was safe to have on the road. If an accident happens because of this, the company could be in trouble for not being careful enough in choosing their drivers. This shows they weren’t as careful as they should have been to prevent accidents and keep everyone safe.

In the context of a lawsuit against a trucking company for a truck accident legal claim in Georgia, O.C.G.A. § 34-7-20 could provide a legal foundation for arguing that the company is responsible for the actions of its drivers and for any failure on its part to ensure those drivers are qualified, competent, and acting safely within their roles. This could significantly impact the outcome of such claims, influencing both the strategy of legal representation and the potential for recovery by those injured in truck accidents.