Is the Employer Responsible for an Employee's DUI?

If you are involved in an accident involving a commercial truck, you may be wondering who exactly is responsible for the damages that you incurred. In some cases it may be directly the employee's fault, but that doesn't mean that the employer is not at least partially to blame. In other cases, the employee is directly at fault for the accident. Generally speaking, there are two reasons why trucking companies can be held liable for a catastrophic injury or death caused by one of their truck drivers.

First, the company can be held vicariously liable. This means that the actions of the driver – if the wreck occurs in the course and scope of the driver's employment – are imputed to the trucking company. For instance, the company would be responsible for the trucker drinking while on the road or texting when behind the wheel. Even though the company was not directly involved in the accident, they are still responsible for the conduct of their employees and are therefore guilty by association.

Second, the truck carrier may be directly liable for negligently hiring a truck driver with a shoddy driving record, criminal background or history of health or alcohol / drug addiction issues. The employer may not have adequately trained or provided training for their driver, which contributed to the accident. The company may also face liability for negligently supervising its truckers or willfully encouraging them to break state and federal laws that regulate the trucking industry, such as hours-of-service regulations that are aimed at preventing fatigued driving. It is best to have a legal professional determine who was at fault for your accident because you as the driver of a passenger vehicle may not realize the background information of the truck driver.