Truck drivers are almost always employed by a private trucking company. These trucking companies generally provide training and set routes and designate responsibilities and job requirements for the truck driver employee. As a result, when a truck driver causes an accident due to their own negligence, it is sometimes possible to hold the trucking company liable for at least some part of the damages that the victim incurred.
In order to succeed in a truck accident case against an employer, a plaintiff can rely on the theory of vicarious liability. This theory encompasses the idea that employers can be responsible for the acts of their employees. In order to succeed in a claim of this nature, the plaintiff must be able to establish that the truck driver was acting within the scope of employment when they acted negligently. In certain cases, trucking companies will try to avoid liability by arguing that the truck driver was an independent contractor, and therefore the company should not be held responsible. However, an experienced New Mexico plaintiff’s attorney can assist accident victims in challenging this defense.
It is also important to note that in certain instances, employers may be held liable under a unique and separate theory of liability. This may occur when the plaintiff can establish that the company negligently trained, hired, or maintained their equipment. If a trucking company does not provide proper upkeep of a vehicle, and the lack of upkeep is what caused or exacerbated the accident, the company may be held liable. Moreover, it is the responsibility of the trucking company to provide the employee with proper job training. If the company fails to do this, it may be held liable if the employee causes an accident due to lack of training or supervision. Finally, trucking companies should be diligent in their hiring practices. This includes properly screening applicants and ensuring that they possess the skills necessary to safely operate a truck. If a trucking company fails to do this, once again, they can be held liable for any accident that their employee causes.