Truck Accident Liability: Driver Vs. Company

Truck accidents involving serious personal injury can involve multiple liable persons and entities.  It will be important to try to decide if an injured individual would properly lodge a claim for liability against the truck driver, the truck owner, or the truck driver’s employer or all three of them. (See also Company Liability for Trucking Accidents). The first step is to identify the driver of the truck at that time of the accident, the second step is to identify the owner of the truck (if it is not owned by the driver), and the third step is to identify the truck driver’s employer (if he is not self employed). 

Truck Driver Liability

The truck driver will likely be will negligently operating of a motor vehicle, a truck, resulting in an accident causing serious injury.  The plaintiff will need to prove that he was operating the truck in a negligent manner at the time of the accident.  Often proving truck driver negligence is shown by evidencing that the truck driver was drunk, on drugs, talking on a cell phone, eating while driving, speeding, and other similar allegations showing negligence in operating the vehicle.

Company Owner of Truck Liability

The owner of the truck can be charged with negligent entrustment of a motor vehicle causing serious injury in the he gave his truck to be driven by an irresponsible driver that caused an accident involving serious injury.  The owner of the truck would also be liable if the accident involved brake failure or a similar mechanical failure due to a failure to have the truck regularly maintained and serviced to be kept in condition that was safe for driving. 

Company Employer of Truck Driver

The employer of the truck driver may be vicariously liable for the negligent actions of the truck driver if the driver acting in the scope of his designated employment duties at the time the accident happened.  Vicarious liability is a strict liability called, “respondeat superior.” The entity or person will the ability to control the actions of another, such as an employer controlling an employee, will be held liable or responsible for the negligent or bad acts of that employee. (See also Negligent Hiring of Truck Drivers).

Getting Legal Help

An attorney can take the legal steps necessary to protect the interests of persons injured in an accident and to defend the interests of those accused of liability in a truck accident.  Both sides of the story have to be heard and must be given their day in court, but it always just plain smart to bring a lawyer with you on that day.