Can a Trucking Company be Liable for a Truck Driver’s Negligence?


May 1, 2021

 by Caruso Law Offices, P.C. | 

Learn Trucking Company Liability for a Truck Driver’s Mistakes in New Mexico

Truck drivers typically work for a trucking company. Their role is often to deliver products or other supplies to stores, construction sites, and many other places. Truck drivers carry an important responsibility every time they get behind the wheel of their truck. This is because the trucks they drive are quite large and have the capability to do a great deal of damage if not driven safely and properly. Truck drivers must pass a written test and driving test to gain a license to operate such a large vehicle. It is also their responsibility to stay informed of all laws, regulations and safety measures in order to protect other people on the roadways as well as themselves. But when a truck drive makes a mistake, a common question is can a trucking company be liable for a truck driver’s negligence?

The answer is YES, in most instances. This is because, unfortunately, there are some truck drivers who do not understand the importance of driving their vehicle safely, and the degree of harm they can pose to others if they do not operate their 18 wheeler properly. Truck drivers like these cause accidents that are generally due to pure negligence. Innocent people are sadly injured or even killed every day as a result of truck driver’s negligence. While it may be clear that the truck driver is at fault for the accident, what some people may not know is that the company that they work for may also be responsible for the accident as they should be held liable for any negligent actions of the truck driver while behind the wheel of the company’s truck.

Here at the Caruso Law Offices, P.C., our experienced Albuquerque trucking accident lawyers know that a truck driver’s mistakes could be imputed on the trucking company and allow the trucking company to be at fault. This allows a victim of a trucking accident to be able to collect compensation for their medical bills, lost wages, and of course their pain and suffering. Learn how we can help you during a FREE consultation by calling our law firm today.

How are Trucking Companies Liable for Truck Driver Misconduct?

Believe it or not, trucking companies are quite often responsible for the negligence of their employees who are operating these semi-tractor trailers. This is because a doctrine known as respondeat superior, which addresses the liability one entity has on another. Respondeat superior states that if there is an employer/employee relationship in which the employee is working under the direction of the employer, the negligence of the employee may be placed on the employer.

Any employee’s mistake creates liable for the employer, creating employer liability for the employees actions. This is actually quite beneficial for the victim, as it is unlikely that the truck driver will be able to cover all expenses that the victim has incurred as a result of injuries sustained due to the truck driver’s negligence.

Examples of negligent truck driver actions that may result in liability for the trucking company the driver is employed by include the following:

  • Distracted driving (i.e. talking on cell phone, texting, etc.)
  • Failing to safely change lanes
  • Mechanical errors
  • Driving drunk or drugged
  • Fatigued driving
  • Speeding
  • Unsafe u-turns
  • Failing to safely back up
  • Failing to exercise caution in inclement weather conditions

Injured in a Trucking Accident? Call our Trucking Accident Lawyers at the Caruso Law Offices, P.C.

The big question is can make a trucking company be liable for a truck driver’s negligence and the answer is YES. If you or a loved one were seriously injured in any type of trucking accident in New Mexico, learn how our experienced trucking accident lawyers at the Caruso Law Offices, P.C. can help prove liability against a trucking company. Call (505) 273-2978 to schedule your FREE consultation to learn how we can help you. We handle cases throughout New Mexico, including Las Cruces, Santa Fe, Roswell, Cuervo, Rio Rancho, Clovis, Farmington, Hobbs, Albuquerque where our office is located, and anywhere else throughout New Mexico. Please call to schedule for FREE appointment by dialing (505) 273-2978 or contact us through our website’s easy to use and convenient contact box available here.

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