Austin Personal Injury Blog

Can Employer Negligence Cause Truck Accidents?

Posted By The Stewart Law Firm, PLLC || 10-Apr-2019

Each year, an alarmingly high number of Texans are killed or injured in traffic collisions involving 18-wheeler vehicles. Many grieving families and accident survivors struggle to maintain their prior lifestyles in the aftermath of a collision because they’re burdened by medical debts, funeral expenses, and unexpected probate costs. Fortunately, these people may have grounds to pursue compensatory damages by filing wrongful death or personal injury claims.

A majority of our clients logically assume that their claims will be filed against at-fault drivers. They’re understandably surprised to learn that a trucking company can be held partially or primarily responsible for an accident.

A trucking company can be held liable in the following circumstances:

  • Unreasonable scheduling: Trucking companies in the United States are held to strict federal standards established and overseen by the Federal Motor Carrier Safety Administration (FMCSA). Per agency guidelines, a trucker can only drive a maximum of 11 hours after 10 consecutive hours off-duty. The Hours-of-Service Rules also ensure that truckers have time for breaks and sleep. However, these rules haven’t stopped trucking companies from pressuring their drivers to meet unreasonable deadlines just to make a profit. To keep their jobs, a trucker may feel pressured to skip breaks and fabricate their logs. As a result, our roads and highways are filled with fatigued drivers operating 80,000 lbs. vehicles.
  • Negligent Safety Standards: A trucking company has the final word when it comes to loading freight and scheduling routes. When a company chooses to improperly load or simply overload a vehicle, it can cause the truck to overturn and harm nearby passenger cars.
  • Poor Fleet Maintenance: Improper truck maintenance is a leading – and easily preventable – cause of accidents. Quite simply, trucking companies have a legal obligation to maintain and care for their vehicles. This includes scheduling routine maintenance appointments to identify and repair any faulty parts or defects. Negligent maintenance standards can lead to tire blowouts, brake failures, steering equipment malfunctions, and even cargo hold detachments. A trucking company can be held liable for damages if they’re found to be in violation of this FMCSA provision.

Pursue Compensation Today

Trucking companies move quickly after an accident to minimize their losses. If you’re ready to take legal action, it’s critical that you turn to a legal representative who possesses the skills and resources to both protect and maximize your claim. At The Stewart Law Firm, PLLC, our Austin truck accident attorneys can investigate your case, confidently handle any unexpected legal contingencies, and even litigate against corporate legal teams or powerful insurance companies on your behalf. With our help, you can recover compensatory damages that help you maintain your prior standard of living.

We’re available 24/7! Contact The Stewart Law Firm, PLLC at (512) 271-5112 to schedule a case evaluation.

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