Liability for a collision largely depends on fault, which often stems from negligence or a violation of traffic statutes. Those affected by semi-truck crashes may assume that the driver operating the semi-truck is the liable party after a crash occurs. However, that is not necessarily true. In some cases, transportation companies are actually liable for the expenses produced by a semi-truck crash.
What circumstances render a business, rather than a driver, liable for a collision?
Employers have vicarious liability
Many semi-truck drivers are employees, not owner-operators or independent contractors. Trucking companies are typically liable for collisions caused by their employees while they are on the clock performing job functions. Vicarious liability for employee negligence can make the business responsible even in cases where the truck driver did something clearly unsafe that caused a crash.
Companies can have negligent or unlawful policies
Businesses can also be liable for trucking collisions that occurred due to insufficient vehicle maintenance. Failing to inspect and repair trucks regularly is an actionable form of negligence. Even improper trailer loading can lead to a driver losing control and a preventable collision.
Additionally, employment practices, ranging from demands that workers drive longer than the law allows to a failure to review a driver’s background adequately, can make the company responsible for crashes. If trucking companies cause crashes with improper employment practices, they may be liable for collision expenses.
Reviewing the cause of a semi-truck crash or a police report detailing the factors that may have contributed to the wreck with a skilled legal team can help affected parties understand who is liable. A lawsuit against a transportation company or a commercial insurance claim could provide financial relief if a trucking company is technically liable for a commercial truck crash.
