Key Legal Theories That Determine Liability In A Trucking Accident
Michael Babboni
Trucking Accidents
Florida trucking accident law is very complicated. However, if you understand a few key concepts, you can understand how liability is determined in a trucking accident. Determining liability in trucking accidents is extremely complicated because there could be multiple parties at fault including the driver, the trucking company, and even the trailer manufacturer. To help decided which of the many parties to hold responsible for the damages from an accident the law uses four key legal theories. This article is a brief discussion of those theories to help you understand who may be held liable for your accident injuries under the law.Negligent Driving
The first concept is probably the most common concept and applies in every automobile accident including motorcycles and scooters, automobiles and trucks, and semi-trucks. That is negligent driving. By law, every driver has a duty to follow the law and avoid putting others on the road in danger from their behavior. If they break this duty, then they are acting negligent and are considered liable for the accident. For example, if the semi-truck driver was drunk or speeding or ran a red light they are acting negligently and will be liable for any damages they caused by their behavior.
Negligent Hiring
The second concept is based on the idea that semi-trucks are different than normal vehicles are require a specialized skill set to operate. All semi-truck drivers have to have special training, follow FMCSA regulations, and earn a valid CDL license. If a company hires a driver without these specific skills and legal requirements being met, then they are in violation of their duty to hire responsibly and therefore, we negligent in hiring. In a case of negligent hiring the trucking company would be responsible for the accident because if they had hired responsibly, the accident would probably not have occurred.
Negligent Training
Beyond negligent hiring, the next concept is negligent training. By law, trucking companies have to train their drivers to operate their vehicles. The driver should have a range of competencies including how to come to a full and complete stop, how to avoid jackknifing, and what to do in inclement weather. They also need to be trained in how to safely inspect the vehicle. All of this training needs to be completed before they are ever allowed to drive. If the trucking company failed to provide proper training or signed off on driving before the driver had proven competent from the training, they are in violation of their responsibility to train the driver and are therefore negligent. In this case, the trucking company may be held liable for the accident.
Vicarious Liability
Vicarious liability is a little harder to define and prove than the other key concepts. Basically, the theory is that if driver was acting within the course and scope of the employment, then the employer is liable. However, there is only so much control a trucking company can exert over the driver, so it’s not so cut and dry. Vicarious liability applies when:
● The driver was working under the employer’s control and per their instructions
● The employer had the ability and authority to control the driver’s instructions
● The driver’s actions were within the scope of their employment
Most of the time, vicarious liability is applied as a secondary liability to driver negligence.
Understanding these theories can really help you understand who is liable for your accident. To learn more about trucking laws and how they apply to victims, check out our blog. We cover a range of legal topics that apply to trucking accidents so you can learn more.
At Shapiro, Goldman, Babboni, and Walsh, we don’t just help accident victims get a quick settlement, we help them understand how the law can ensure they get a full and fair settlement. After a century of experience defending trucking accident victims, we know exactly how these legal theories will apply to your case and will use our experience and knowledge to help you win.