Sue a Trucking Company
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Truck Accident Lawyer
Sue a Trucking Company
Get a Free Consultation
Can you sue a trucking company for truck driver negligence?
In many cases, you can sue the trucking company. When a trucking company employs a driver, it has the legal responsibility to oversee the driver’s performance while they are on duty and driving the truck. Federal laws regulate much of the trucking industry to make it safe. A company that is in violation of federal laws can be liable for damages resulting from an accident.
Based on what factors can you sue a trucking company?
You can sue based on negligence, and trucking company negligence can occur in the following ways:
Unqualified Drivers
Failing to do a proper background check can lead to hiring drivers with past drug/alcohol abuse, poor driving records and even criminal histories. Also, the driver must have a valid Commercial Driver’s License (CDL). If the driver can’t drive commercial vehicles safely and the company doesn’t train the driver, this is also negligent.
Scheduling Violations
Federal Hours of Service (HOS) regulations require drivers get rest and follow rules on taking breaks. Unrealistic delivery schedules can pressure drivers to break the rules. Furthermore, driving fatigued to meet a delivery deadline can result in accidents. A court could find the company liable.
Improper Vehicle Maintenance
Companies and truck drivers are responsible for proper vehicle maintenance. Truck inspections must occur at regular intervals. If they don’t, companies might ignore vital repairs and fail to carry out routine maintenance. Faulty brakes, worn out tires and broken lights can cause accidents.
Cargo Loading
Overloading a truck beyond weight restriction limits makes truck driving unsafe. In addition, unsecured cargoes that loaders fail to die down properly can shift. Shifting loads can imbalance a truck and cause it to roll over. The trucking company must ensure that cargo loading follows reasonable safety precautions.
Lack of Supervision
The trucking company must continue to supervise truck drivers and take action as needed to ensure driving safety. Drug tests are necessary prior to employment. Companies must also conduct random drug tests during employment. Skipping these tests is a form of negligence. In addition, when a truck driver exhibits unsafe behavior, such as repeated traffic or safety violations, the company must correct or let the driver go.
Unqualified Drivers
Failing to do a proper background check can lead to hiring drivers with past drug/alcohol abuse, poor driving records and even criminal histories. Also, the driver must have a valid Commercial Driver’s License (CDL). If the driver can’t drive commercial vehicles safely and the company doesn’t train the driver, this is also negligent.
Scheduling Violations
Federal Hours of Service (HOS) regulations require drivers get rest and follow rules on taking breaks. Unrealistic delivery schedules can pressure drivers to break the rules. Furthermore, driving fatigued to meet a delivery deadline can result in accidents. A court could find the company liable.
Improper Vehicle Maintenance
Companies and truck drivers are responsible for proper vehicle maintenance. Truck inspections must occur at regular intervals. If they don’t, companies might ignore vital repairs and fail to carry out routine maintenance. Faulty brakes, worn out tires and broken lights can cause accidents.
Cargo Loading
Overloading a truck beyond weight restriction limits makes truck driving unsafe. In addition, unsecured cargoes that loaders fail to die down properly can shift. Shifting loads can imbalance a truck and cause it to roll over. The trucking company must ensure that cargo loading follows reasonable safety precautions.
Lack of Supervision
The trucking company must continue to supervise truck drivers and take action as needed to ensure driving safety. Drug tests are necessary prior to employment. Companies must also conduct random drug tests during employment. Skipping these tests is a form of negligence. In addition, when a truck driver exhibits unsafe behavior, such as repeated traffic or safety violations, the company must correct or let the driver go.
How Can a Legal Investigation Establish Negligence?
An experienced truck accident lawyer knows what to look when building a truck accident case. Trucking companies must follow regulations that the Federal Motor Carrier Safety Administration (FMCSA) issues for safety reasons. As lawyers, we investigate to discover whether the driver or company was in violation of any of the rules. We investigate driver qualifications, training, drug testing, and logs that show driving hours and truck maintenance. Are there records of the truck stopping at weighing stations? An overloaded truck will show up as excess weight.
Get Legal Help with
Suing a Company for Negligence
Have you suffered from serious injury? Or have you lost a loved one in a truck accident? If so, it is crucial to consult with a skilled lawyer who is experienced in handling truck accident cases. Suing a company for negligence can be complicated because you are up against the trucking company’s attorneys who want to minimize their client’s liability. We know how to investigate and gather the evidence necessary to win a lawsuit. We also can evaluate whether a settlement offer is adequate to meet your needs.
Through the Law Office of Michael R. De La Paz, you can recover compensation for pain and suffering, medical expenses, property damages and emotional losses. You owe no money out-of-pocket for expenses because we base our services on contingency. This means when we win or settle the case, our legal fees are a percentage of the recovered compensation. We also work to maximize the amount you receive.
Schedule a free consultation by calling (210) 225-HURT (4878) or toll free (800) 645-8553.
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The Law Office of Michael R. De La Paz has its principal office in San Antonio, Texas, however, we can represent your personal injury case no matter where you live in Texas, the U.S., or Mexico.
