Insurance companies and the trucking companies they represent are always looking to minimize the amount it has to pay in compensation for injuries and losses caused by their drivers. One of the tactics they use is to claim that the truck driver is an independent contractor, and as such, they are not responsible for the driver’s actions. This blog covers typical circumstances that can result in holding trucking companies responsible for the actions of truck drivers. Texas trucking accidents can be complex- speak with a truck accident attorney in Corpus Christi at The Patel Firm PLLC today to discuss your options.
Here are some of the important factors that are used to determine fault in trucking accidents:
1. When the truck driver is an employee of the company
A trucking company will be almost always be held responsible for the actions of a truck driver if the driver is an employee of the company. Based on the doctrine of respondeat superior, employers are generally responsible for the actions of their employees while they are operating in their capacity as an employee. There are exceptions-for instance, when an employee driver is operating outside the course and scope of his/her employment. In this instance, a driver may be found to not be operating under the official capacity of their employment when the trucking accident occurred.
2. Negligent Hiring
Trucking companies have the responsibility of ensuring that the drivers they hire are safe and qualified. They need to do a background check on the driver before putting them behind the wheel. If a company realizes that a driver’s actions are unsafe after employing such a driver, they are required to address these issues, up to an including termination. If an 18-wheeler causes a truck accident and it is found that the truck driver has had prior safety violations, the trucking company can be held liable for negligent hiring.
3. The Condition of the Truck
Trucking companies can be held liable if the big rig itself is in bad condition that was a cause of the accident. Trucking companies are required to routinely inspect and repair the trucks in their fleet, including those of owner-operators. If you have been injured after being involved in a trucking accident in Texas with a truck that was not properly maintained, contact The Patel Firm PLLC to speak with a trucking accident lawyer in Corpus Christi now.
Contact a Truck Accident Lawyer in Corpus Christi, Texas Today
If you or a loved one has been injured in an accident involving a big rig, contact Corpus Christi truck accident lawyers at The Patel Firm PLLC. The Patel Firm PLLC in an awarding winning personal injury law firm in Corpus Christi, Texas. Our Corpus Christi trucking accident attorneys will fight tooth and nail with the insurance and trucking company to make sure you are properly taken care of after an 18-wheeler accident in Corpus Christi. You can rest assured that with the legal counsel of the truck accident lawyers in Corpus Christi at The Patel Firm PLLC. Rest assured, we will fight until justice is served. Call, text or email our personal injury law office in Texas today, for a free consultation. You can reach us by phone at (361) 400-2036 We are always available, and we look forward to talking to you soon. Reach out today.