Employer Liability in Trucking Accident

Each year a high number of Texans are killed or severely injured in traffic collisions involving 18-wheelers. These incidents are often caused by the negligent actions of the truck driver; however, truck drivers are not the only responsible party.

In some instances, the trucking company who employed the truck driver may share responsibility leading employer negligence. Employer negligence results from a company’s failure to take proper precaution which includes: (1) a failure to conduct background checks on new prospective drivers; (2) failing to ensure that drivers are adequately trained; (3) failing to regularly inspect or maintain its vehicles; (4) encouraging drivers to disregard hours of service requirements; and (4) encouraging drivers to overload the vehicle.

Trucking companies have the final say when loading freight and scheduling routes. However, a company who chooses to improperly load or overload its vehicles can cause the truck to overturn. Similarly, trucking companies in the United States are held to strict federal standards established and overseen by the Federal Motor Carrier Safety Administration (FMCSA). Per FMCSA guidelines, a trucker may only drive a maximum of 11 hours after 10 consecutive hours off-duty. These rules ensure that truckers have time for breaks and sleep. Despite the consequence, trucking companies continue to pressure drivers to improperly load their vehicle and meet unreasonable deadlines to turn a profit.

It is the responsibility of trucking companies to ensure that their drivers and vehicles are equipped to handle a job safely. When they fail to do so, these companies need to be held liable for the accidents and injuries that result.

If you or someone you love has been injured as a result of someone else’s negligent acts, contact an experienced attorney at Abraham, Watkins, Nichols, Agosto, Aziz & Stogner by calling 713-222-7211 or 1-800-870-9584 for your free consultation. The law firm of Abraham, Watkins, Nichols, Agosto, Aziz & Stogner is the longest standing personal injury firm in Texas, and our attorneys are standing by to assist with your claim.