The trauma of a trucking accident can be life-altering and, quite frankly, last in your mind for a long time. Unfortunately, for those who were not there, evidence is required to prove that the negligence of a trucking company directly led to the trauma you felt. With strong legal representation, a victim can gather the critical evidence needed to establish the facts to work in the victim’s favor.
What is Trucking Company Negligence?
Trucking company negligence is a distinct legal arena for vehicular accidents as a whole. The added nuance to these types of accidents is that the trucking company can be held responsible for an accident that is separate from just the general accident liability or the truck driver’s negligence. Trucking company negligence specifically focuses on what the trucking company failed to do in managing its drivers and vehicles that led to the accident occurring. There are various ways in which a trucking company might be held liable:
- Negligent Hiring: This occurs when employers hire a driver without a proper license or do improper background checks. An example would be hiring someone with a record of vehicular manslaughter.
- Inadequate Training: Inadequate training occurs when a driver is not properly trained on the safety procedures that pertain to truck handling. An example includes not training drivers on the hazards of toxic materials.
- Improper Vehicle Maintenance: A failure to properly enforce routine inspections. An example would include failing to adhere to the Federal Motor Carrier Safety Administration (FMCSA) laws, leading to an accident.
- Violations of Hours of Service Rules: Failing to enforce the mandated federal hour driving limits. An example would be the negligent monitoring of hour logs provided by drivers
- Improper Loading of Cargo: Failing to properly load cargo at packing stations. An example would be a truck jackknifing due to unstable cargo balance.
- Failure to Enforce Safety Policies: This would pertain to a truck company failing to enforce their policies. An example would be failing to require drivers to undergo annual training, resulting in a crash.
Vicarious Liability in Trucking Company Negligence
Trucking companies and owners can be held vicariously liable for the property damage, injury, or death caused by the improper actions of those operating their vehicles with their permission. This includes both employees and independent contractors. In New York, vicarious liability is enforceable under two different theories of liability:
- Respondeat Superior Theory of Liability – Meaning ‘ the superior responds on behalf of the subordinate’.
- New York Vehicle and Traffic Law (VTL) § 388: “Every owner of a vehicle used or operated in this state shall be liable and responsible for death or injuries to person or property resulting from negligence in the use or operation of such vehicle, in the business of such owner or otherwise, by any person using or operating the same with the permission, express or implied, of such owner.”
In cases where an employer-employee relationship between the owner and driver of the truck exists, both of these legal theories apply. However, if the driver was an independent contractor, then respondeat superior does not apply, but VTL §388 does. This is particularly important in cases involving companies like Amazon and Walmart Delivery, where many drivers are independent contractors.
Evidence in Trucking Company Negligence Claims
To prove a trucking company was acting negligently, sufficient evidence must be obtained to prove that the trucking company failed to act or had an employee that failed to act in a reasonable manner. Key evidence includes:
- Driver-Related Evidence: Driver logbooks, employment records, drug testing, medical exams proving fitness
- Vehicle Maintenance: Inspection logs, repair reports, and inspection history from the Department of Transportation
- Company Safety Policies and Practices: Company hiring policies, safety manuals, dispatch records
- Electronic Evidence: Electronic Logging Device (i.e., black box), camera footage
- Expert Testimony: Medical experts, trucking experts
If you need to prove trucking company negligence, Towey Law, PLLC can help you gather the evidence you need. Our trucking company negligence accident lawyers will fight to get you what you deserve. Call us today for your free consultation at (716) 300-8232 and evaluate your legal options today.