When it comes to truck accidents, there will always be a question of fault. Most of the time, the blame always falls on the driver for not knowing their blind spots which is not always the case. According to the website of Karlin, Fleisher & Falkenberg, when the employer does not follow state and federal laws, they can be held liable for any accidents that will be caused by the vehicle.
Fatigue has often been one of the reasons being mentioned for truck accidents. The employer has a partial liability for accidents blamed on trucker fatigue. Trucking companies usually pressure their drivers to stay on the road long enough in order to meet stiff delivery deadlines. As the employer, it is their responsibility to ensure that the drivers they are hiring are physically fit to handle the rigors of driving long hours.
It is not only during truck accidents that employer negligence should be scrutinized. During the post-accident investigation, the employer may be questioned about the review of their driver’s record. State and Federal regulations require trucking companies to conduct an annual review of their driver’s record. Again, the employer can be held liable here if they failed to do a review of their driver’s record.
Employers are also required by state and Federal regulations to ensure the fitness of their drivers. They should ensure that the trucker possesses a commercial motor vehicle driver’s license. The driver should also demonstrate their ability to safely operate a vehicle by passing a road test focusing on safe driving techniques. If the driver fails on this aspect and an accident happens, the employer could be partially liable aside from the driver.
Truck accidents are not solely the liability of the driver. There were instances when, upon thorough investigation, the accident was found to be due to the negligence of the employer.