Truck Accidents: When Is the Company At Fault Instead of the Driver?

Trucking accidents are some of the most devastating collisions on our roadways. The sheer weight and force of these moving behemoths could lead to severe or even fatal injuries for those of us riding in smaller vehicles.

Whether it was an 18-wheeler, dump truck, or tanker, if you were involved in an accident with a commercial truck, you likely have a long list of expensive damages, including hospital bills, lost wages, and auto body repairs. But who do you blame in Pennsylvania, the carrier or the driver? Keep reading to learn when the company is at fault and not the driver.

Was the Trucking Company Directly Negligent?

In Pennsylvania, a trucking company could be held directly liable for an accident in several scenarios. If the carrier follows poor hiring practices, such as employing unqualified or inexperienced drivers, it may be found liable. The company must also provide adequate training to its operators to ensure they understand safe driving techniques while complying with stringent state regulations, including proper commercial licensing, size and weight regulations, and hours-of-service requirements, among others.

Another way your truck accident attorney could legally pursue the company instead of the driver is if the carrier failed to properly maintain the trucks in its fleet. Maintaining safety standards is crucial, and the failure of critical components, such as brakes, tires, and lights, poses a serious risk to other drivers.

When Is a Trucking Company Vicariously Negligent?

Vicarious liability is a legal principle that your lawyer could also use to hold a trucking company at fault for your collision. Instead of filing a claim against the driver, in this case, we would hold their employer responsible for your damages.

When an operator is acting within the scope of their job and an accident occurs, we must prove that they committed a wrongful, or “tortious act” in legal terms, to win your claim. This scenario only applies to drivers with an employee-employer relationship and does not apply to those who are contracted or freelance drivers.

Could There Be Other Liable Parties?

Yes, there could be other parties your personal injury lawyer could sue on your behalf, beyond the trucking company. If the carrier uses a separate vehicle maintenance company, and the repair shop’s negligence led to mechanical failures or faulty brakes, for example, it could be named in your lawsuit. Parts’ manufacturers could also be held liable when a defective design or manufacturing process was determined to be the cause of your trucking accident.

Schedule a Free Consultation To Learn When the Trucking Company Is at Fault for a Collision

If you were lucky enough to walk away from the wreckage after a trucking accident, you probably have questions. The experienced 18-wheeler accident attorneys at Bordas & Bordas have the answers you are looking for. We are well-versed in Pennsylvania’s negligence laws and know when the company is at fault rather than the driver.

We have a long list of satisfied clients who have won millions in compensation for their damages. Let us add your name to this list of wins. Take advantage of our free initial consultation so we can review your case and explain your rights.