Truck accidents happen for a number of reasons. Driver negligence, bad road conditions, and negligent motorists are three of the reasons. A fourth reason is employer negligence. Although the driver is the one behind the wheel, the employer could be at least partially negligent for the accident, which means they can be named in a personal injury lawsuit.
If you have been involved in a truck accident, it is possible that you may be able to name the employer of the trucker as a negligent party in your injury lawsuit. At Brotherly Law, we will investigate every aspect of the accident so that all responsible parties are named, including the employer.
Truckers are under tough demands from their employers. They have to arrive at a destination at a certain time and they are not given a lot of leeway in case there are any delays in the trip. Perhaps a traffic jam that lasts hours sets the trucker behind. What the trucker will do is skip sleep so they can make their deadline.
If the trucker is tired, they are much more likely to cause an accident than a trucker who gets the sleep that they need. In fact, falling asleep behind the wheel is a common cause of accidents. Sometimes the employer may tell the trucker to keep going instead of stopping for a break. If it can be proven that the employer did this, then they could be held liable.
The employer can also be held liable for not properly maintaining the truck, if that is their responsibility. If the trucker owns the truck, then it may be their responsibility to maintain the truck. If the truck is the employer’s and it is their responsibility to maintain, and a malfunction that causes an accident is their fault.
A third form of employer negligence is allowing the truck to be overloaded or not loaded correctly. A heavy or awkward load could shift and cause the truck to roll over. There are weigh stations along the highways, but it is possible that the employer tells the driver to not stop at weigh stations to avoid identification of the heavy load.
A fourth form of employer negligence is not making sure the driver has the proper credentials to operate a commercial truck. If a driver doesn’t have the right license, then they don’t have the experience. Inexperience can be deadly on the roads.
With this said, your Philadelphia negligence attorney will determine exactly what happened so that the responsible party is held responsible for the right reason. It is imperative that every detail is included in the case so that the claim is strong. We want to see you get the compensation you deserve, so we will fight for you.
Trucking companies are regulated because they have certain duties that they have to perform. Those duties include:
If the trucking company is not doing everything that is required of it, then they are being negligent. We will look for ways in which the trucking company is being negligent and we will use that information in your case.
Unfortunately, a number of truck accidents are the result of several forms of employer negligence, although it is the driver behind the wheel at the time of the accident. Unreasonable demands, heavy loads, and improper maintenance are just some of the ways an employer can be responsible for a truck accident. If you have been involved in a truck accident and employer negligence is part of the reason for that accident, you may be able to hold them accountable. To learn more about how Brotherly Law can help you, call us at 215-545-8500 or contact us online to schedule a free consultation.
If you have been injured due to no fault of your own, you may be able to hold the responsible party accountable for the monetary damages resulting from the accident. Fill out the form below to request a free consultation so we can evaluate your case.