Every truck accident lawsuit is going to involve not only the truck driver but also the motor carrier who is legally responsible for the driver and the vehicles.
Companies are usually held responsible for an accident under a legal doctrine called “respondeat superior“, which is a Latin term meaning “let the master answer”. However, the trucking company, which is called a motor carrier, also has statutory responsibility for the actions of the driver and the safe condition of the truck.
Trucking Rules and Regulations
The Federal Motor Carrier Safety Regulations were enacted with an eye toward truck driver safety but also with the intention of making the company responsible for the safety of their driver and the equipment. One of the biggest failings that we see as truck accident attorneys is the failure of the company to an act effective safety policies designed to comply with the regulations.
While driver negligence is the most common cause of an 18-wheeler accident, the company is responsible for training the driver and ensuring the driver’s compliance with the rules.
Motor Carrier Responsibility
Trucking companies must develop safety policies and procedures that make sure that their drivers are adequately trained and able to safely operate the vehicles. Further, they must establish procedures for proper maintenance of the vehicles and inspection procedures for repairing and maintaining their vehicles in proper operating condition.
One area that truck accident attorneys sees frequently is that of driver fatigue caused by working hours outside of the hours allowed under the regulations. A fatigued truck driver is a dangerous truck driver.
Another area that we see often is the trucking company hiring truck drivers who are not competent qualified to safely operate an 18-wheeler. Having a commercial drivers license may entitle a driver to operate an 18-wheeler but it does not necessarily mean that the driver is competent to safely operate the vehicle.
Hire a Real Truck Accident Lawyer
When looking to retain an attorney to help you after truck accident, look to their experience in actual truck accident cases. There are many attorneys who call themselves truck accident lawyers and who have achieved significant results in other areas of practice but that does not necessarily equate to success and a commercial vehicle accident.
Find a lawyer that handle big truck accident cases as a central part of his or her practice. We have been doing so for over 30 years and are very proud of our record of success in winning justice for our clients.
Preeminent Rated Houston Truck Accident Lawyer
Attorney Greg Baumgartner is preeminently rated in the truck accident practice and has been for over two decades. If you are have been involved in a serious injury truck accident or have lost a family member contact us for a free no obligation consultation as soon as possible.
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