Email not displaying correctly? Click here.

Anapol Schwartz

Newsletter Issue No. 13

Trucking Safety and Who a Trucking Company Employs

Trucking companies have a duty to employ responsible drivers.

Truck Accident

Any trucking transit company that wishes to stay in business cannot do so unless it hires the right person to drive their trucks. This is understandable. Reliable and dependable truckers are the backbone of any trucking company. This is why model employees are retained while incompetent ones are dismissed. However, there will be those instances where a trucking company hires a negligent driver.

If a negligent driver was placed behind the wheels of a company truck the driver can get the trucking company into great trouble as such an employee may undermine trucking safety. This is why it is critical for the trucking company to hire the right employees seven maintain trucking safety. However, this is not always the case.

If a trucking company hire someone who has many points on their license were previously had been suspended or was involved in a number of car crashes, then the trucking company may very well be liable for any accidents this person causes behind the wheel of their company's truck. This does not necessarily mean that the company has to knowingly hire someone who was a bad driver. If the company did not perform proper background checks

or screening procedures and a dangerous driver got behind the wheel of a vehicle, then the trucking company can be held negligent for its oversight of trucking safety.

Trucking companies put the public at great risk when they do not hire truckers who will maintain trucking safety standards. Therefore, it is not only the driver who can be held liable but also his employer. Actually, the employer might even be held at a greater standard of liability because it is the employer's duty to not make mistakes such as placing a dangerous driver in a vehicle where he can cause serious harm.

Overly Aggressive Trucking

Trucks that are operated by overly aggressive drivers are a lawsuit waiting to happen.

No one likes to be late for work. This is a nightmare for anyone and for those who work in the transportation businesses running late can be even more problematic. After all , if you have been hired to deliver certain items at a certain time and you are late, you may very well lose your job. This is why many people will speed on the highways. Even those who operate trucks carrying large loads that require extreme safety measures to maintain will become reckless and ignore basic common sense as far as trucking safety goes.

Needless to say, just because a trucker is late for a delivery does not mean he can arbitrarily eliminate all highway safety laws. Regardless of the trucker's personal situation, the laws of the road must be followed and trucking safety standards must be maintained. Speeding and other forms of reckless driving place everyone else on the road at risk. These risks are not minor as car accidents can often result in fatalities were paralysis. If this does occur minute is not have a question for the injured party to seek damages against a trucker and the trucking company that place this person in their employ.

Truck Injury

Again, being late for delivery is not a defense. That is, is doubtful that someone who was grossly violating speed laws and trucking safety standards could ever be found not liable in the aftermath of an accident. Note, this is not a statement that there are any guarantees of litigation will be won as it will be unrealistic to make any predictions of the sort. However, it is doubtful things would look good for a driver who assumed grossly negligent when it came to maintaining trucking safety.

Do I have a case?   Print this article

ASK A PHILADELPHIA LAWYER... TO FIND OUT WHETHER A LAWYER AT ANAPOL SCHWARTZ CAN HELP.

Trucking Safety and Traction Tires

A driver has a responsibility to know when traction tires are needed and also must follow applicable tire laws.

As the name implies, traction tires do a great deal for maintaining the safety of a truck on the road. This is because traction tires keep a truck from skidding or swerving when snow, ice, more rain makes it difficult tire and asphalt to work together. Of course, there will be those who ignore trucking safety will try to operator vehicle without traction tires.

Attorney Advice on Truck Injury

This is why there are certain laws in place to mandate the use of such tires and maintain highway and trucking safety.

For example, there are certain laws in some states in that mandate that under certain weather conditions (in certain areas of the state) the tires on a vehicle must either be traction tires where they must have chains attached to them. If the driver of the truck ignores these rules and an accident result the driver may be held liable. Remember, laws regarding traction tires are not put in place for no reason. They are done in order to maintain safety on the roads. This is why it is critical that truck drivers follow these laws.

Also, even if the law does not mandate such rules and the operator of the truck understood that the road conditions were not safe for the operation vehicle without traction tires, the driver may be held liable if an accident occurs. Obviously, in this latter example, proving such a case might be very complicated but a skilled trucking safety attorney will know how to approach the case.

In general, however, it is important to note that a lack of trucking safety centers on negligence and if this negligence can be proven then the odds of winning a case increase.