Trucking companies are charged with the task of ensuring their drivers are properly trained and can handle the responsibility of operating a large and dangerous vehicle. When a company fails to uphold safety standards regarding hiring or supervising its drivers, and a serious crash results, those entities can potentially be held liable for negligent entrustment. The truck accident attorneys at the Law Offices can guide Miami residents and other individuals through the process of trying to hold all responsible parties liable for their roles in causing a victim’s injuries.Holding a Trucking Company Accountable for Negligent Entrustment
If a commercial driver’s actions lead to a serious accident, multiple parties often may be held liable for the injuries and damages that result. A driver’s employer, usually a trucking company, can potentially be held vicariously liable for a driver’s negligent behavior if he or she was acting within the scope of employment when the accident occurred. Additionally, a trucking company may be independently liable for an accident if granting the driver’s use of the vehicle was negligent in and of itself. For example, a trucking company may be directly liable for an accident due to negligent entrustment if it entrusted a vehicle to a driver despite his or her inexperience or inability to operate the truck safely.
Negligent entrustment may be established in a variety of ways. For instance, if a company failed to do a proper background check on a driver, who is later found to have a significant history of accidents, or other criminal, drug, or alcohol-related issues, the company may be found liable for damages to the victim. Florida courts will hold companies or other parties that negligently entrust their vehicles to someone else responsible for any damages resulting from misuse. Additionally, under state law, damages awarded upon a finding of negligent entrustment are not subject to the caps applicable in vicarious liability claims. In these claims, therefore, a victim can potentially recover a larger, more appropriate sum to cover his or her costs and losses.
Pursuing an action based on negligent entrustment often requires significant investigation into a trucking company’s practices and history. If a company has failed to take proper measures to ensure its driver is qualified under federal and state regulations, it often can be held directly responsible for the damages that result in a truck accident. These damages may include medical costs, lost income, property damage, pain and suffering, and the costs of future treatment.Consult a Miami Attorney for a Motor Vehicle Collision Claim
Truck accidents can cause the most devastating injuries sustained on the road, sometimes even leading to a tragic death. If a trucking company is careless in entrusting its massive vehicles to inexperienced or reckless drivers, it needs to also be held liable for the harm that results. The injury lawyers at the Law Offices assist people in Miami and elsewhere in South Florida with each phase of a negligence claim. We also represent residents of Fort Lauderdale and other cities throughout Miami-Dade, Palm Beach, and Broward Counties. If you have been injured in a truck crash, call (877) 499-4878 or contact us online for a free, no-obligation consultation to see how we can help.