Is the Employer or Employee Responsible?
Trusted Houston Truck Accident Attorneys with Answers
If you are involved in a trucking accident, you may be wondering who exactly is responsible for the damages that you incurred. In some cases, it may not be directly the employee's fault, but that does not mean that the employer is not at least partially to blame. In other cases, the employee is directly at fault for the accident. In either case, the help of a Houston truck accident lawyer from Arnold & Itkin is invaluable.
With extensive investigative resources and trusted legal expertise, victims can trust that our firm will pursue every avenue of just compensation. We know how to navigate trucking accident litigation, and we have extensive legal experience in trials against large trucking companies.
Holding a Trucking Company Liable
Trucking companies can be held vicariously liable for a catastrophic injury or wrongful death caused by their truck drivers. 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 or texting while 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 may be guilty of employer negligence.
The trucking company may also be held directly liable in the following cases:
- For hiring a truck driver with a bad driving record
- For hiring a truck driver with a criminal background
- For hiring a truck driver with a history of health problems
- For inadequately training their employees
- For negligently supervising the employees
- For encouraging employees to break federal trucking regulations
It is best to have a legal professional determine who was at fault for your accident because you may not realize how important the background information of the truck driver is to your case. The truck driver’s history, recent logbook entries, and other trucking regulations are of utmost importance in pursuing your case.
Holding the Truck Driver Responsible
While the trucking company may be held partly liable for many of the employee’s actions, the employee can also be held liable for a trucking accident. An employee’s motive and other factors are also considered when holding the employer or the employee liable for a victim’s injuries.
An employee can be held responsible for the following:
- Failure to properly inspect the truck before a trip
- Driving too fast for weather conditions
- Making an unsafe or illegal turn
- Failure to brake
- Drowsy driving
- Failure to properly secure loads
- Using a cell phone while driving
- Driving while impaired by drugs or alcohol
Our team of Houston truck accident attorneys can sift through accident scene information such as logbooks or company records to determine the cause of the trucking accident. For more information about our representation, request a free case evaluation today!