Truck Driver

Ask the Attorney: I Was in an Accident With a Truck That Was Privately Owned by the Driver and Not the Company He Was Hauling For. Can I Only Bring a Claim Against Him?

In accidents involving privately owned trucks, the lines of liability can be blurred. This blog addresses the complexities of determining liability. While the primary claim might be against the truck owner or driver, there are scenarios in which other entities could be held liable, depending on contractual obligations, the nature of the goods being transported, and the specifics of the accident.

Accidents involving large trucks can have devastating consequences. When such accidents occur, determining liability becomes crucial in ensuring that victims receive the compensation they deserve. If you were injured by a truck driver operating a truck that they owned and not the company they were hauling for, you are probably wondering whether you may be able to bring a claim against other parties, such as the company, and not just the driver.

A company can potentially be held liable for an accident caused by a truck driver even if the driver is using their privately owned truck. Liability in such cases often hinges on the concept of “vicarious liability” or “respondeat superior,” which holds employers responsible for the actions of their employees carried out within the scope of their employment. Here are some key considerations in determining whether Accompany can be held liable in this scenario:

  • Scope of employment: If the truck driver was performing work-related tasks or carrying out duties on behalf of the company at the time of the accident, the company may be held responsible. This is especially true if the driver was hauling goods, making deliveries, or engaging in any other activities directly related to their employment with the company.
  • Employee-employer relationship: The true nature of the relationship between the truck driver and the company is crucial. If the driver is an employee of the company, the company is generally more likely to be held liable for the driver’s actions. On the other hand, if the driver is an independent contractor, the liability may shift more towards the individual driver.
  • Control and supervision: The level of control and supervision exerted by the company over the driver’s activities is a significant factor. If the company exercises substantial control over how, when, and where the driver performs their duties, it strengthens the argument for vicarious liability.
  • Hauling for the benefit of the company: If the truck driver is hauling goods or performing services that directly benefit the company, it strengthens the connection between the driver’s actions and the company’s interests. Courts may be more inclined to hold the company liable in such situations.

In addition to the truck driver and the company they were hauling for, there may be others who could be held responsible for the damages caused by a truck accident. For instance, if the driver took the truck for its required maintenance and the repair shop failed to properly fix or conduct truck maintenance, and that rendered the truck dangerous, the repair shop could be held liable. If there was a dangerous defect in the truck, the truck manufacturing company may also be held responsible under a product liability claim.

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Have you been injured in a truck accident? Let the team at CDH Law take care of enforcing your legal rights against the liable parties so that you can focus on your healing and recovery. Contact us today.

truckers fatigue can lead to big injuries

Truckers’ Fatigue Can Lead to Big Injuries

Big trucks can lead to big injuries. Sharing the road with oversized vehicles like semi-trucks and tractor-trailers is a reality of life on U.S. roads. It can be scary, nonetheless. The sheer size of these vehicles alone makes other vehicles wobble as they pass them by. It will come as no surprise that they can wreak devastation in the event of an accident. As such, drivers of large trucks are subject to their own state and federal regulations in an attempt to make them as safe as possible as they share the roadways with others. Much of these regulations focus on preventing fatigued truck drivers. There are limits on how long a driver can spend on the road at a time and in a 24-hour period. Unfortunately, even those complying with these regulations are still vulnerable to truck driver fatigue and a fatigued truck driver is a dangerous truck driver.

Drowsy driving is one of the most common causes of truck accidents—despite efforts to regulate drivers’ hours. This blog will discuss how trucker fatigue can cause big injuries

How Trucker Fatigue Can Cause Truck Accidents

Back in June of 2014, in New Jersey, a truck driver decided to drive 12 hours to work prior to starting his 14-hour shift. It is likely that his decision to drive while fatigued was the main cause of the crash that killed comedian James McNair and left comedian Tracy Morgan seriously injured. CNN reported that the truck driver was traveling at 65 mph in a work zone that had a posted speed limit of 45 mph. The truck driver failed to brake in time to avoid slow-moving traffic ahead, including the limo van in which the comedians were passengers.

This is just one example of how trucker fatigue can result in crashes causing devastating, and even fatal, injuries. As well as being dangerous, truck driver fatigue causing crashes is also far too common. The Federal Motor Carrier Safety Administration (FMCSA) Large Truck Crash Causation Study revealed that as many as 13% of truck drivers are fatigued at the time of a crash.

If it is so dangerous, why would a truck driver operate their rig while fatigued? Well, this happens for a number of reasons. Some truckers are trying to meet deadlines. Others may have been inadequately trained or lack the experience to know how important it is to be properly rested before heading out on the road. Driving oversized trucks for an extended period of time can be more physically demanding than people really understand. Sitting for long periods of time and focusing on the road can take a physical toll that should not be taken for granted.

Fatigued driving is so dangerous because it leads to a driver’s ability to stay focused being compromised. A driver may start closing their eyes and falling asleep at the wheel. They may end up lacking the reaction time necessary to avoid a crash. Fatigued drivers may start swaying between lanes, drifting off of the roadway, or unconsciously accelerating by putting pressure on the gas pedal. All of these things can lead to devastating crashes resulting in serious injuries such as:

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Have you been injured in an accident caused by a fatigued truck driver? Do not hesitate to reach out to the dedicated personal injury attorneys at CDH Law for immediate assistance. Contact us today.

Truck Driver

Beware of these Truck Accident Risk Factors

Whether you’ve spotted them on long interstate road trips or navigating the smaller streets of your city, we’ve all seen the big semi-trucks traversing roads across the U.S. Few things can make your vehicle feel smaller and more vulnerable than when it is driving in close proximity to these big rigs. It can be quite intimidating and with good reason. These oversized vehicles are reportedly up to 80,000 pounds when fully loaded, according to the Federal Motor Carrier Safety Administration. This means that a crash at any speed involving a semi-truck could cause massive destruction and catastrophic injuries.

Truck Accident Risk Factors

Drivers, there are many things that you can do to help avoid involvement in big truck accidents. For starters, you can avoid the blind spots of these semi-trucks. Due to the size and nature of a semi-truck, they have some prominent and sizable blind spots along both sides, the back, and the front of the rig. This means, if you are in one of these zones, the truck driver cannot see you. As such, you should avoid them as much as possible. Leave plenty of room between you and a semi-truck in front of you. If you need to change lanes to pass the truck, do so as quickly, but safely, as possible to avoid lingering in a blind spot. Try to avoid driving in front of a semi-truck as well unless you are a sizable distance in front of them.

Engaging in reckless driving behaviors around a truck can also increase the risk of an accident occurring. This means drivers should avoid things like distracted driving. Put down your cell phone and wait to check your texts later. Avoid eating and drinking as well as messing with your music selections or engaging in any activity that takes your full attention away from the road.

You should also avoid speeding and tailgating. Tailgating a semi-truck, in particular, can prove fatal. For starters, this means that you are driving in the truck’s rear blind spot. It also means that if the truck comes to a sudden stop, you could not only crash into the truck, but your car could go straight underneath the truck as the truck’s increased height can allow for this. It may come as no surprise that this type of crash would likely be fatal to all in your vehicle.

Truck drivers should also avoid engaging in dangerous driving behaviors like distracted driving, speeding, and tailgating. They should also avoid fatigue driving. Additionally, there are things specific to the truck that can help avoid truck accidents from occurring. For example, loading a truck properly can help make the truck safer. Improperly loaded trucks can easily fall off balance on the roadways and be much more difficult to safely operate. Properly maintaining a truck and making repairs as needed can also render these big rigs much safer on the roadways.

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We all have a responsibility to each other to be as safe as possible out there on the roads. If you have been injured in an accident caused by someone else’s negligence, the team at CDH Law is here to fight for you. Contact us today.