People naturally assume that drivers are likely liable for causing “everyday” crashes. Mistakes made by motorists are the primary underlying cause of many collisions. However, liability for collisions can be more complex, particularly when the vehicle that caused the collision is a commercial truck.
The driver may be at fault for the collision, but the possibility exists for their employer to be financially and legally liable for the incident. Specific details about the situation may influence whether a driver or their employer has financial responsibility for a collision.
When are transportation companies potentially responsible for compensating the people affected by semi-truck collisions?
1. When the crash occurs during a shift
Sometimes, commercial drivers use company fleet vehicles to get to and from work. If a commercial crash occurs while the driver is not on the clock, then they may be responsible for the incident. However, collisions that occur while the driver is actively working may lead to vicarious liability for their employer. Generally speaking, employers have vicarious liability for any major incidents caused by their employees’ negligence, including semi-truck crashes that occur while a driver is on the clock.
2. When poor maintenance is to blame
Vehicle issues are among the top causes of commercial collisions. Tire blowouts, brake failures and other preventable vehicle issues cause a small but concerning portion of commercial collisions. If companies do not properly maintain their fleet vehicles, they may be liable when vehicle issues cause collisions.
3. When employment practices cause a crash
There are many ways for companies to unnecessarily increase the risk of a crash through questionable employment practices. Perhaps they do not screen drivers adequately before hiring them. They may employ drivers who have a history of major violations, such as drunk driving.
Other times, companies may not offer adequate training for new drivers who recently secured their commercial driver’s licenses (CDLs). Even high-pressure employment policies, such as demands that workers get their loads in on time regardless of traffic conditions, could lead to unsafe driving practices and preventable collisions. When company employment practices directly relate to the cause of the collision, the company could theoretically be liable.
Transportation companies tend to have more assets than individuals, often making them a better source of compensation after semi-truck collisions. Evaluating the circumstances of a crash with a skilled legal team can help people determine if they have grounds to hold a transportation company accountable for causing them harm.