When Is a Trucking Company Liable for a Driver’s Negligence?
After a wreck involving a commercial vehicle, the first question is often whether only the driver can be held to account. A truck accident lawyer in Fort Myers, FL can take a look at employment, ownership, and control to see whether the motor carrier should also be answerable for your losses. When a Trucking Company Can Be Liable for a Driver Was the Driver Working? Was the driver working at the time of the accident? That's the first question to establish, and then, if so, were they working entirely on their own, or did a company own or lease the rig? These questions allow your lawyer to establish whether to dig deeper. Was the Driver Negligent? The next step is to establish if the driver was negligent. An employer in Florida is vicariously liable for compensatory damages that flow from an employee's negligence, if that employee was negligent while acting "within the scope of employment." Whether the driving fell within the scope of employment is sometimes tricky to ascertain, and the answer to the question depends on a three-part test: The conduct must be the kind of work the person was hired to do The negligence must have occurred substantially within the time and space the job requires The action must have been activated at least in part by a purpose to serve the employer A driver hauling freight on an assigned route during a duty period will meet all three criteria of this test. A driver commuting home in a personal car after the shift will almost surely not. Was the Driver an Employee? It's common for carriers to argue that a driver is an independent contractor rather than an employee, in part to avoid liability for accidents. Your lawyer will know how to establish if this is really true. Federal safety rules generally define “employee” to include a driver of a commercial motor vehicle, including an independent contractor, while that person is operating the vehicle. An authorized carrier that uses equipment it does not own must assume complete responsibility for the operation of that equipment for the duration of the lease and must have exclusive possession, control, and use of it to be held liable, however. Step Four: Was the Carrier Directly Liable? Everything covered above discusses when a carrier can be held liable for the driver's actions. But a carrier can also be directly responsible. For example, there are federal rules in place that forbid a motor carrier from requiring or permitting an unqualified person to drive a commercial motor vehicle. There are also some basic qualifications for age, language, training or experience, physical condition, licensing, and driving record that must be followed. Putting an unfit driver in the seat can make the company liable, as can pressuring or forcing drivers to violate rules about how many hours they drive or what breaks they take. Talk to a Truck Accident Lawyer in Fort Myers, FL If you've been involved in a truck accident here in the Southwest Florida area, contact Goldstein, Buckley, Cechman, Rice, Purtz, Smith & Smith, P.A for a free consultation. We have offices in Fort Myers, Lehigh Acres, Cape Coral, Port Charlotte, and Naples and have been serving the people of Florida for over 60 years.