Can You Always Seek Damages from the Trucking Company, As Well as the Driver?
According to industry data, there are more than 13 million trucks licensed to transport goods on America’s roadways. It should come as no surprise, then, that the National Highway Traffic Safety Administration reports more than 500,000 truck-related accidents every year. If you’ve been one of the victims, you want to know that you can get full and fair compensation for all your losses, which are often serious or catastrophic after a truck accident. What potential parties can you sue for damages? If the driver’s wrongful acts caused the crash, can you still sue the trucking company (which may be better able to pay reasonable compensation)?
The Potentially Responsible Parties in a Texas Truck Accident Claim
One of the more complicated aspects of a truck accident claim can be determining exactly who caused the accident:
- The driver—Was the driver violating traffic laws at the time of the crash? Did the driver violate “time on the road” regulations, causing him/her to be overly fatigued? Was the driver under influence of alcohol or drugs at the time of the wreck? Is there evidence that the driver was using a handheld device or otherwise distracted at the time of the accident?
- The trucking company—A trucking company may have liability for a number of reasons. The company may have failed to take reasonable steps when hiring the driver to ensure that he/she had proper training or experience. The company may have neglected to provide the driver with necessary or appropriate training or have encouraged/required the driver to drive too many hours without required breaks. The company may also have neglected or falsified maintenance logs or intentionally overloaded a truck to increase profits.
- Designers, manufacturers or sellers of trucks or truck components—The accident may have been caused by the defective design, construction or marketing of some vehicle part.
- Mechanics—The garage or mechanic who serviced the vehicle may have been careless or negligent
The Doctrine of Respondeat Superior
Under the long-established legal principle of respondeat superior (Latin for “let the master answer”), an employer will generally be held responsible for any injuries caused by an employee during the course of and within the scope of his or her employment. In such situations, both the employer and the employer will be potentially liable for any losses suffered. The limited exceptions to the application of this principle include:
- Accidents occurring during an employee’s commute
- Accidents occurring when the employee engages in actions considered to be a “frolic,” unrelated to his/her job. This is contrasted with a detour, where the employee either deviates from the reasonable path to perform some tasks for the employer or must do so because of road construction or some other reason.
It’s also important to understand that that employers are generally not responsible for the negligence or carelessness of independent contractors, which can often include truck drivers.
Contact the Aggressive Texas Truck Accident Attorneys at Bailey & Galyen
At the law offices of Bailey & Galyen, we have fought for the rights of truck accident victims throughout Texas for more than 40 years. In our decades in practice, we have recovered hundreds of millions of dollars for injured people throughout the Lone Star State and across the nation. We will be your advocate throughout the legal process, from the investigation of your accident to the filing of a complaint through trial and the final resolution of your lawsuit. Contact us by e-mail or call our offices at one of the convenient locations listed below. Our phones are answered 24 hours a day, seven days a week.
