Who’s At Fault? In-depth Information On Trucking Company Accidents
The commercial trucks that drive along Texas highways fall under one of two ownership structures. The first is a situation in which the driver of the truck also owns it. The second is a situation in which the driver is just the driver and the rig is owned by a company. That company hires individuals to drive their trucks for them.
If one of these trucks is involved in an accident, the injured party may not know what to do next. They may not be sure how to get the trucking company to take responsibility for what happened. They may not know how to receive compensation for their injuries or damages. If the driver is also the owner of the truck, it is not as difficult to figure out the answers to these questions. However, if you are in a situation where the driver is just an employee, things get a little tricky.
What Does The Law Say?
Because the trucking company hired the truck driver, they are responsible if the driver is at fault in an accident. However, you must prove three conditions if you want to do so.
To start, the trucking company must employ the truck driver. Next, the driver must have been working when the accident occurred. In addition, the driver must have had permission to be behind the wheel of the truck when the accident happened.
There is also another way that the trucking company can be found to be at fault. If it is determined that they did not use reasonable care when selecting, training or working with the driver, they are to blame according to the law.
Finally, Federal Motor Carrier Safety Regulations may also dictate that the trucking company is responsible for the driver’s negligence.
Since the trucking company owns the truck, they may be liable in more ways than one. For instance, if there is some type of problem with the truck, both the manufacturer of the vehicle and the trucking company could be found responsible for any accident that occurs as a result of the defect.
Another question to ask is whether or not the truck was properly maintained. If the trucking company allowed a provider to work on the vehicle, and a mistake was made, they could be found at fault if the accident resulted from that mistake. It is the trucking company’s responsibility to take care of the truck properly and ensure that it is safe to drive before the rig operator gets behind the wheel.