What are the basic theories of liability in truck accident cases?

After a Central Oklahoma truck accident occurs, it’s not just the driver that can be held liable for the damages. Multiple parties may be listed as defendants in the lawsuit including the trucking company, lessor, and the manufacturer, to name a few. For the most part, trucking laws are vast and exclusive, so if you need help recovering damages inflicted by a truck accident then it is important that you approach an Oklahoma City truck accident lawyer without any delay.

Employer liability

Legal professionals tell us when the truck driver is a direct employee of the company then his or her negligence can by lawfully inferred as the negligence of his company and thereby they can be held responsible for damages. However, this can only be legally applied when the driver is acting within the scope of his or her employment. In layman terms, if he or she is not on duty or driving back after having delivered a load (technically not on duty), or driving a personal vehicle, then the company cannot be blamed.

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Lease liability

Federal trucking laws framed by the FMSCA (Federal Motor Safety Carrier Administration) legally requires any trucking company that leases their drivers and trucks to have full control of their operations at all times. Therefore, a trucking company can be and has been held liable for an accident by this theory. Many Oklahoma truck accident lawyers have won cases based on this solely by arguing that the company is responsible for the damages as they failed to be in full control of the of the vehicle and its operations at all times.

Negligent hiring, entrustment, or retention

A trucking company, like any other company, is responsible for who they hire and should ensure that their drivers are qualified (hold commercial and valid truck driving licenses). In the event that their driver is not qualified or is operating on an expired license then the company will be held accountable for the driver’s negligence. Furthermore, trucking companies also need to ensure that their drivers do not breach driving hour regulations and abide by the federal and state limits.

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Maintenance issues 

Many truck accidents occur solely because of maintenance or service related failures. There are exclusive federal and state specific regulations as to how a trucking company needs to service their rigs. Trucks are large vehicles with many moving parts that are all subjected to wear and tear. If not regularly serviced then mechanical failures are almost inevitable and can cause catastrophic accidents.

Oklahoma City, OK truck accident attorneys say that nearly one third of all trucking accidents in the United States can be directly attributed to servicing issues. Truck companies are required to hire truck maintenance engineers and schedule services accordingly. They do not want to be derelict here and all maintenance should be recorded, dated, and saved.

Violations of FMSCA Regulations

Trucking operations are governed by state specific and federal trucking laws. Failing to abide by any of these laws will surely result in the trucking company being held responsible for damages which can include punitive and non-economic damages.

If you are the victim of a truck accident, make sure to call a Central Oklahoma truck accident lawyer today.