Albuquerque Trucking Accident Attorney Explains Trucking Company Liability in Trucking Accidents


August 2, 2016

 by Caruso Law Offices, P.C. | 

Can a Trucking Company be Liable for a Truck Driver’s Negligence in an Albuquerque Trucking Accident?

When a truck driver causes an Albuquerque trucking accident because he or she falls asleep while driver, speeds above the limit, fails to secure the cargo properly, drives distracted, or acts in another negligent manner, the results can be devastating.  Any trucking accident, even at low speeds, can cost catastrophic and debilitating personal injuries to victims. Even though it appears that the truck driver was the only negligent party, it is common for the trucking company to also be negligent as a matter of law.

If you have been injured by a negligent truck driver causing an Albuquerque trucking accident, the experienced attorneys at the Mark Caruso can help you get the compensation you deserve by holding the trucking company also liable for your injuries.  We know how the principles of vicarious liability and respondeat superior work to a victim’s benefit.  Call us today for a FREE case evaluation by dialing (505) 308-1556.

Trucking Companies CAN BE Liable for a Truck Driver’s Negligence Because of Vicarious Liability!

Anytime a truck driver is negligent for an Albuquerque trucking accident, the trucking company may also be liable under the theory of vicarious liability.  The doctrine of vicarious liability comes from the ancient theory of law known as respondeat superior, which is where the master is liable for the acts of the agent.  In modern term, it is more accurately translated that the employer is liable for the acts of the employee.

Thus, when a truck driver employed by a trucking company is negligent in causing a trucking accident, as long as the truck driver is acting on behalf and in further of the trucking company, the trucking company will also be liable.  Said differently, if the truck driver causes a trucking accident while in the scope of employment, the trucking company will also be liable for the same negligence—even though the trucking company is not driving the truck!

The theory of vicarious liability allows the victim of an Albuquerque trucking accident to seek compensation from the trucking company.  Since most driver do not have enough insurance coverage and are unable to pay for thousands of medical expenses, attaching liability against the trucking company will ensure a victim can receive just compensation.

Trucking Companies CAN ALSO Be Liable Under a SEPARATE Theory of Liability for Negligent Hiring, Training, or Equipment Defects

While at first instance it may appear that the only negligence is the bad driving, there are other theories of liability which may not be so obvious but equally important.  In fact, some theories may actually be independent and separate causes of action!

Negligent Hiring – when a trucking company hires a truck driver whom is unfit to operate a motor vehicle, let alone a very difficult motor vehicle such as a tractor trailer, semi, 18-wheeler, or other commercial vehicle, the trucking company may be liable for the bad hire;

Negligent Training – when a trucking company improperly trains a truck driver by giving him or her bad training such as bad advice, wrong instructions, or simply improper policies, the trucking company may be liable if such improper training is the cause of the trucking accident.  This includes if the trucking company instructed the truck driver how to incorrectly make turns, improperly stop the vehicle, or do other dangerous or reckless maneuvers that cause the accident.

Equipment defects – while a driver is always responsible for the vehicle in which he or she operates, the trucking company may be solely liable for the upkeep of the truck.  This is particularly true if the truck has latent, or hidden, defects such as tire defects, brake defects, steering wheel issues, or is improperly loaded.

Trucking Companies CAN BE Liable for Albuquerque Trucking Accidents 

If a loved one has been seriously injured or killed in a New Mexico trucking accident, contact the experienced trucking accident attorneys at the Mark Caruso today by dialing (505) 308-1556.  You can also contact us on our website through the easy to use and convenient Contact box located by clicking here.

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