Is the Truck Driver or Trucking Company Liable in a Truck Crash?
By Anderson, Cummings & Drawhorn, LLP on March 29, 2018
By Anderson, Cummings & Drawhorn, LLP on March 29, 2018
After a truck accident, it can be difficult to determine whether the truck driver or the trucking company is at fault. Depending on the reason behind the crash, the truck driver may be personally liable for the damage and injuries, or the driver’s employer may be responsible.
Table of Contents
If you have been injured in an accident with a truck, a skilled truck accident attorney based in Fort Worth, TX will determine who is at fault for the crash so you can pursue maximum compensation for your injuries. The lawyers at Anderson, Cummings & Drawhorn, LLP offer a free, no obligation consultation so you can learn if you have a case to pursue compensation after your collision.
Call (817) 920-9000 to schedule a free consultation with an experienced lawyer.
If a truck driver is acting within the scope of his or her employment when an accident occurs and the actions causing the accident were not intentional, he or she is not typically personally liable for the accident.
However, the truck driver may be held liable if he or she:
Trucking companies may be directly liable for accidents if certain factors caused the accident, including the following:
Trucking companies are federally required to keep all trucks in their fleet well maintained. Regular inspections must be made, as well as repairs and maintenance for wear and tear. This includes:
When accidents occur because the truck or its components malfunctioned, and the accident could have been prevented with proper maintenance, the company could be held liable for the accident.
The Federal Motor Carrier Safety Administration (FMCSA) has hours of service rules that state how long truck drivers are allowed to be on the road and mandatory break times before returning to service.
Truck companies are required to enforce these rules, but they are sometimes guilty of forcing drivers to work after the maximum limit has been reached. This is dangerous because the hours of service rules are in place to help prevent accidents caused by driver fatigue.
Truck companies have a responsibility to hire safe and properly trained drivers. If a company is negligent in its hiring processes when employing drivers, the company can be held liable for accidents caused by a driver.
Examples of negligent hiring include hiring a driver who does not have a commercial driver’s license (CDL) or a driver with a record of driving under the influence of drugs or alcohol.
If you or someone you love was injured in a truck accident, you need the help of an experienced truck accident attorney. The personal injury legal team in Fort Worth at Anderson, Cummings & Drawhorn, LLP will determine who is at fault for your accident and pursue maximum compensation for your medical bills, lost wages, and pain and suffering.
Request a free, no obligation consultation now and learn about the legal options available in your case. Our attorneys take cases on a contingency fee basis, so there are no upfront fees and there is no risk to you. We only get paid if we help you recover compensation in your case.
Call (817) 920-9000 or fill out our Free Case Evaluation form today.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive guidelines. This page was approved by attorney Seth Anderson, whose team has more than 50 years of combined legal experience in helping victims of personal injury seek justice.
Key Takeaways Texas law requires notice to employer within 30 days of injury or awareness. Failure to give timely notice can relieve employer and insurer of liability. Non-subscriber employers may require earlier notice under internal reporting policies. Reporting promptly helps align medical records with the injury timeline. Reporting period may...
Read Article
Key Takeaways Insurance bad faith happens when a carrier fails to handle a claim honestly and fairly. A bad faith claim turns on lack of reasonable basis for denial, delay, or underpayment. Texas law prohibits misrepresenting a material fact or policy provision. Suit may follow when a carrier denies without...
Read Article
Key Takeaways Workplace injury compensation refers to benefits or recovery after a job-related injury or illness. Texas allows private employers to opt out and become non-subscribers. Workers’ compensation claims do not usually require proof of employer fault. Non-subscriber claims may allow recovery beyond limited insurance benefits based on employer negligence....
Read ArticleTell us about your accident and your injuries. An injury lawyer from our team will call and provide you with a free evaluation of your case. If we can help, and you are unable to travel, we will come to your home, office, or hospital. It’s easy – let’s get started.
Email us anytime and we will get back to you.
Our attorneys will come to your home, office or hospital at your convenience.
Our team is ready and waiting to help you today.