Ohio is in the Midwest region of the United States, sharing boundaries with Pennsylvania, West Virginia, Kentucky, Indiana, and Michigan. This makes it a significant freight transportation center and a state where these legal factors come into play.
Understanding liability is critical in the complex world of commercial trucking, especially after an accident. A trucking firm might be liable for various reasons, including negligent recruiting practices and inadequate vehicle maintenance.
Negligent Hiring Practices
Trucking businesses may be held responsible for negligent hiring if they fail to ensure that drivers are qualified, experienced, and licensed. This includes verifying a commercial driver’s license (CDL) and conducting background checks.
An Ohio truck accident lawyer can assist if a driver with a dangerous history causes an accident.
Failure to Properly Train Drivers
Even if a driver has the relevant qualifications, they may need further training, mainly when using specialized equipment or driving in adverse circumstances such as snow or fog. A trucking firm must give proper training in safety practices, vehicle operation, and compliance with federal trucking rules. The trucking business may be held liable if a lack of sufficient training contributes to an accident.
Violating the Hours of Service Regulations
The Federal Motor Carriers Safety Administration has severe hours of service (HOS) requirements that limit how long drivers can drive a truck without resting.
Trucking companies are frequently under pressure to achieve delivery dates and may occasionally urge their drivers to go above and beyond these boundaries. If a driver is overworked or weary due to employer pressure and causes an accident, the firm may be liable for fostering risky driving habits.
Failure to Maintain Vehicles
Trucking businesses are responsible for maintaining their fleets of trucks in safe working order. Routine inspections, maintenance, and repairs are critical to avoiding mechanical breakdowns on the road. If a trucking company neglects this responsibility and a faulty vehicle part such as brakes, tires, or steering components causes an accident, the company could be liable for the resulting damages.
Improper Loading of Cargo Securement
Improperly loaded cargo can cause a truck to become unbalanced, making it difficult for the driver to control the vehicle. This can lead to rollovers, jackknife accidents, or cargo loss on the road. In cases where the trucking company is responsible for loading the truck or overseeing the securement of cargo, it can be held liable if improper loading contributes to an accident.
Negligence in Compliance with Federal Regulations
Trucking businesses must follow various government regulations that govern the industry. This includes adhering to weight limits, maintaining up-to-date logbooks, and following safety protocols. Failure to follow these regulations can be considered negligence, and the company may be held accountable if noncompliance causes an accident.
Vicarious Liability
Trucking companies may be liable under a legal notion known as “vicarious liability” or respondeat superior. This principle allows an employer to be held liable for its workers’ activities within the scope of employment.
For example, assume a truck driver commits an accident while working for the company. In that case, the trucking company may be vicariously liable, even if the driver’s conduct was negligent or reckless.
Final Thoughts
While the driver often plays a role in truck accidents, the trucking company’s actions or lack thereof can be just as significant in determining liability. Through negligent hiring, inadequate training, failure to follow safety regulations, and other missteps, trucking companies can be held liable for the accidents caused by the vehicles in their fleet.
