A truck accident case that involves a big rig, like an 18-wheeler, semi-truck, or large commercial vehicle, can lead to serious injuries. Ones that require long and expensive medical care and rehabilitation. While there are a variety of factors that can lead up to a truck accident case, the people that suffer need to be able to prove fault for the accident in order to receive compensation.
Here are a few of the most common factors of liability:
Driver Negligence
Truck drivers have a legal duty to follow the rules of the road so that other drivers or passengers stay safe. When they fail to follow this understanding, they can be held responsible for negligence in a truck accident case. Some of the most common forms of driver negligence include:
- Speeding
- Texting while driving
- Not paying attention to the road
- Disregarding traffic signals
Vicarious Liability
South Carolina is one of the many states that has vicarious liability laws in place. In the circumstance of a truck accident case, these make it so that a trucking company’s employee’s negligence can be transferred to the employer, if the driver was acting negligently within the course and scope of employment for that company. If, for example, you were hit by a driver who was working on the clock, you may be able to file a claim against the trucking company, too. To avoid this loophole, many trucking companies hire drivers as independent contractors.
Negligent Hiring
Another way trucking companies can fail is by not screening their employees well enough. Federal Motor Carrier Safety Administration (FMCSA) regulations set specific tasks for employers to do when performing background checks. The FMCSA has a pre-employment screening program that accesses drivers 5-year crash histories and 3-year inspection history. Companies need to also ensure their drivers are meeting licensing requirements.
Negligent Training
Trucking companies are responsible for giving their employees the training they need to do their jobs safely. Drivers should be trained or tested by their employers to ensure they understand things like how to allow for enough distance to come to a complete stop, how to react to bad weather, and strategies like vehicle inspection. The FMCSA has certain regulations drivers must comply with, like documenting their routes and hours correctly in their log books.
These are just a few of the theories that can be used to help you get the compensation you deserve for your truck accident case. To consult with an experienced truck accident lawyer, contact The Clardy Law Firm today.
