All employers have the responsibility to adequately supervise their employees. This responsibility is especially vital if the business being conducted is of a dangerous nature. For example, trucks are massive vehicles capable of causing significant damage if they are not maintained or operated properly. As a result, trucking companies have a duty to make sure their drivers are adhering to all state and federal regulations while taking adequate safety precautions. If a company fails to adequately supervise its drivers, devastating harm can occur. The truck accident attorneys at the Law Offices of Robert Dixon help victims throughout the Miami area and elsewhere in South Florida who have been hurt in serious collisions. We can advise you on how to pursue compensation from responsible parties.Federal and State Trucking Regulations
Both federal and state agencies set regulations and standards that trucking companies must adhere to in order to ensure their drivers do not pose a danger on the roadways. In hiring and retaining drivers, trucking companies must make sure each driver possesses a valid commercial driver’s license and administer a road test in order to analyze a driver’s techniques. Trucking companies are also required to review drivers’ past driving records as well as conduct routine drug and alcohol testing throughout a driver’s employment. Failing to administer these tests, or overlooking a driver’s failure of a drug or alcohol test, can lead to significant accidents by putting an unqualified driver behind the wheel.Holding a Trucking Company Liable for Negligent Supervision
A person hurt in a truck crash may pursue a personal injury claim against a negligent driver as well as the driver’s employer. A trucking company may be either vicariously or directly liable for an accident involving its employee-driver. Under the legal theory of vicarious liability, a trucking company is responsible for the negligent actions of its driver if he or she was acting within the scope of employment for the benefit of the employer. A trucking company may also be directly liable for an accident if it can be shown that it was negligent in its supervision of the employee. For instance, trucking companies should employ dispatchers to monitor how many miles a driver has traveled, and they should be mindful of when a driver has not taken appropriate breaks to prevent fatigue. If a company fails to implement a supervisory program to monitor driver fatigue, and a driver falls asleep behind the wheel, causing an accident, the trucking company may be held liable for negligent supervision.
In a trucking accident, a detailed investigation into a company’s practices is often necessary to determine what reasonable steps were taken to make sure its drivers engaged in safe practices. Pursuant to Federal Motor Carrier Safety Regulations, trucking companies must not only screen driving candidates but also retain files regarding their qualifications in addition to issues that arise during their employment with the company. Having a qualified legal advocate to make sure all evidence is gathered and examined properly may be vital to ensuring your legal rights are protected following a crash.Consult a Miami Attorney to Seek Compensation after a Motor Vehicle Collision
The harm sustained in a truck accident may be severe, and financial resources for dealing with such injuries may be limited. If a trucking company has failed to take adequate steps in providing a safe environment for motorists, it should be held liable. The injury lawyers at the Law Offices of Robert Dixon can protect the rights of accident victims in Miami and the surrounding cities. We also represent individuals in Miami and other areas of Broward, Miami-Dade, and Palm Beach Counties. If you have been involved in a truck accident, call 877.499.4878 or contact us online for a free, no-obligation consultation to see how we can help.