Who is responsible in a Truck accident?

by Ronia
(United States)

One of the most confusing questions that arise after a truck accident is who is responsible. The driver or the trucking company? If it is not correctly identified, a lawsuit against the wrong party can cause one to lose compensation for injuries and other damages. Take a look at the list below to get an idea of who is responsible in what situation.

The law of respondeat superior - According to this, it is the trucking company that is held responsible for the driver's action when the driver is on-the-clock.
Situations where truck driver is liable

Independent contractors
Deliberate actions like crashing into another vehicle out of anger. Even in such cases, if the trucking company knew or suspected of such actions, they will be held responsible.
In accidents that happen when employees act out of the scope of employment.

Situations where trucking company is liable

In accidents that happen due to the malfunctioning of the truck, since this happens due to poor maintenance of trucks. Every trucking company is required to keep their fleet well maintained and conduct regular inspections. Negligence causes trucks to malfunction.

Trucking companies that impose working hours exceeding the maximum hour limit. Drivers will be overworked and fatigued and this can lead to accidents.

Trucking companies that hire employees without commercial driver's license (CDL) or those without proper training are responsible for accidents caused by them.