Oftentimes, it is difficult to determine who is responsible for causing your trucking accident related injuries. Specifically, who you can hold legally responsible for your injuries depends upon whether the trucker who hit you is employed by a company or works independently. In addition, sometimes the owner of the truck can differ from that of its driver or employer, which can lead to further confusion as to who should be sued. Whatever the situation, it is important to consult with an attorney who is experienced at handling the numerous complexities associated with trucking accident cases.
Typically, if a truck driver is employed by a company, his or her employer can be sued under a theory of vicarious liability, or “respondeat superior”. To illustrate, if a company hires a truck driver with a history DUI arrests but fails to conduct a proper background check, it can be held vicariously responsible for the acts of its driver. Meaning, if a driver decides to grab a few drinks while on the clock and then decides to get behind the wheel, an employer can be found negligent in the event that its driver causes an accident.
Employers can also be held responsible for injuries caused by their employees due to accidents that occur as a result of the overloading and improper loading of their trucks as well as unreasonable schedules imposed on drivers. Trucking companies always stand to make more money if they encourage their employees to drive a little faster, farther and with bigger loads. However, such employer actions can create dangerous driving conditions for other drivers, ultimately leading to their vicarious liability.
Trucking companies have also been held responsible for injuries caused by employees who have not been properly trained. Employers must ensure that their drivers receive sufficient driver and safety training. If it can be shown that a trucking accident could have been avoided had the driver been properly trained, the trucking company may be required to compensate victims for all resulting injuries and property damage.
If you have been injured in a truck accident, give us a call now at 405-295-1924 or visit The Handley Law Center online to learn more about the scope of your legal options and also, the ways in which we can help you get the compensation that you deserve. Our experienced Oklahoma trucking accident attorneys are happy to answer all of your questions and give you the tools necessary to get your life back on track. We look forward to the opportunity of providing you with excellent legal representation.