Finding a Trucking Company at Fault for an Accident
Written by greg on May 26, 2017
There are two basic ownership structures when it comes to commercial trucks operating on Texas roadways. First, there are owner-operator rigs. In an owner-operator scenario, a commercial truck is both owned and driven by the same person.
The second type of ownership structure is one in which the rig is owners by a trucking company. The trucking company hires a driver to operate the 18-wheeler.
In the event of an accident involving a semi-truck, an injured motorist may have questions about finding a trucking company at fault for an accident, and responsible for injuries, damages, and losses. When the operator is also the owner of the semi-truck, establishing responsibility for an accident is a more straightforward endeavor. The situation becomes more complicated when the rig is driven by an employee of a trucking company.
Truck Accidents and Texas Agency Law
As the employer of a truck driver, a trucking company can be held responsible for the negligence of a rig operator in causing an accident through the legal theory of agency. Four elements must be demonstrated in order for a trucking company to be held responsible for the actions or conduct of a truck driver.
First, an employment relationship must exist between the trucking company and the truck driver. Second, the rig operator must have been acting within the scope of his or her employment at the time of the accident. Finally, the semi driver must have operated the rig with the trucking company’s express or implied permission at the time the accident occurred.
In addition to the theory of agency, a trucking company may also be held at fault for an accident if it failed to exercise reasonable care in hiring, supervising, or training a rig operator.
Additionally, a trucking company can be held responsible under the Federal Motor Carrier Safety Regulations (FMCSR) for actions of the driver of the big rig.
Truck Accidents, Third Parties, and Truck Companies
Because the trucking company is the owner of the vehicle involved in an accident, the enterprise can be deemed at fault for an accident in other situations as well. For example, if there is a defect in the vehicle itself, the trucking company, together with the truck manufacturer, can be held responsible for an accident arising from the manufacturing defect.
A trucking company might also be found at fault for an accident if improper maintenance undertaken by a third-party service provider contributed to the accident. In any of these scenarios, the trucking company has a duty of care that requires the rig in question to be a reasonable safe condition when put onto a Texas roadway.
There are also very strict regulations on the skills and qualifications of the driver.
Questions About Trucking Companies Responsibility for Accidents?
If you have questions about the potential legal responsibility of a trucking company or are looking for a lawyer for a trucking accident near Houston, call us for a no obligation consultation. (281) 587-1111.