Running a trucking company is no easy feat. With so much to manage, it’s easy to overlook important details like accident liability. But ignoring this can have serious consequences for your business and the safety of everyone on the road. So, here is everything you need to know about truck accident liability:
Vicarious Liability
In essence, carrying on to trucking companies, it befalls that they’re responsible for their workers if the driver causes an accident. Therefore, if one of your drivers gets into an accident while working, your company could be on the hook for the damages.
If, for example, several people suffered truck accident injuries in Queens as a result of an accident with one of your vehicles, then those injured parties could, with the help of an attorney, file a lawsuit against the driver and your company. You may want to hire a lawyer or lawyers to represent your side.
This is a vicarious liability in action: your business can be held accountable even though you, as a business owner, had nothing to do directly with the accident. This is the reason it is so important to really understand what you have to do in law and why you must make some effort to minimize the risk.
Federal Regulations
Speaking of legal obligations, let’s move on to federal regulations. The Federal Motor Carrier Safety Administration (FMCSA) sets rules that all trucking companies must follow. These regulations cover everything from driver qualifications to vehicle maintenance.
One obeys these laws not only because of the penalties but also because following the law significantly reduces liability in case of an accident. If you are considered in violation of FMCSA regulations, your company will incur greater liability in an accident.
Driver Screening and Training
Now, let’s talk about one of the most important aspects of running a trucking company: your drivers. Proper driver screening and training are essential for reducing accident risk and liability. This starts with thorough background checks and driving record reviews during the hiring process.
But it doesn’t stop there—ongoing training and education are crucial for keeping your drivers up-to-date on safety practices and regulations. Remember, your drivers are the face of your company on the road, and their actions can directly impact your liability.
Vehicle Maintenance
Speaking of safety, don’t forget the trucks themselves. Regular vehicle maintenance can go a long way in ensuring that accidents caused by mechanical failures do not occur.
This means scheduling routine inspections and addressing any issues promptly. Keeping detailed records of all maintenance and repairs is also important—these records can be valuable evidence if you need to prove that your company took reasonable steps to prevent accidents.
Hours of Service Rules
It’s time to switch gears and talk about some of the most important things about driver safety: hours of service rules. It should put a limit on how long a driver can continuously be on the road without rest. Getting these rules enforced is not only a legal obligation but also an intelligent way of cutting down on the risk of accidents.
Fatigued drivers increase accident risks, which increases your company’s liability. Educate your drivers to know these rules and adhere to them; consider electronic logging devices to make compliance simpler for them.
Insurance Coverage
Speaking of protection, a word about insurance. Having appropriate insurance policies will protect your company against potential claims. That includes not only minimum required coverage but additional policy coverage that can give extended protection. It would be advisable to regularly review your coverage with an insurance expert knowledgeable in the trucking business to ensure adequate protection.
Documentation
Now, you might be wondering how to keep track of all this information. That’s where documentation comes in. Maintaining accurate records is vital for managing liability. This includes driver qualifications, vehicle maintenance logs, safety protocols, and training records. In an accident, these records can help demonstrate that your company took reasonable precautions to prevent accidents.
Technology
Let’s move on to a topic that’s becoming increasingly important in the trucking industry: technology. Implementing safety features like dashcams and GPS tracking can help prevent truck accidents and investigate them if they do occur. Dash cams can provide valuable evidence in case of an accident, while GPS tracking can help you monitor driver behavior and identify areas for improvement.
Post-Accident Procedures
Despite all these preventive measures, accidents can still happen. That’s why it’s crucial to have clear post-accident procedures in place. These procedures should cover everything from ensuring the safety of those involved to preserving evidence and notifying the proper authorities. Having a well-defined process can help mitigate liability by ensuring that your company responds appropriately in the critical hours following an accident.
Legal Counsel
Finally, let’s talk about the importance of legal counsel. Having access to an experienced truck accident lawyer is crucial for managing liability issues, and personal injury claims against your company. These lawyers can help you navigate the complex legal landscape of the trucking industry, from regulatory compliance to accident litigation. They can also assist in developing policies and procedures that can help reduce your liability risk.
In Conclusion
Understanding accident liability is important for trucking companies. By focusing on safety, training your drivers, and keeping your trucks in good shape, you can reduce your risk. Remember, it’s about creating a safe culture for your drivers and everyone on the road. By staying informed and proactive, you can ensure the long-term success and safety of your trucking business.
