The issue of whether a truck driver, a trucking company, or both are responsible for your Orlando truck accident may be decided on a case-by-case basis. Those who employ truck drivers may have several responsibilities to keep drivers and others on and near the road safe, and failure to live up to those responsibilities may make a trucking company liable for losses that come from a truck accident.
The Responsibilities of Trucking Companies
A trucking company may be responsible for:
- The actions of its employees, trucker or otherwise
- The actions of its contractors
- The result of your accident, under certain circumstances
The Occupational Safety and Health Administration (OSHA) details some steps that employers may take to reduce the risk of their drivers being in an accident. Those steps include:
- Having a mandated, driver-related safety training program in place
- Explaining to drivers the cost of engaging in dangerous behaviors
- Having a system for disciplining drivers who act dangerously
- Incentivizing drivers who consistently act in a safe manner
The National Safety Council (NSC) suggests that all employers should have a policy prohibiting cell phone use by those who are driving, and cites several examples of fatal accidents that have occurred because a driver was using a cell phone in some capacity.
If the trucking company that employs or employed the driver involved in your accident failed to outline a clear policy prohibiting unsafe cell phone use, and cell phone use was a factor in your accident, then that company may be liable for some portion of your losses.
In addition, it is possible that a trucking company may be at-fault for some portion of your accident if:
- Their driver was impaired at the time of your accident
- The company did not have a consistent, thorough drug and alcohol screening program in place
- The company failed to detect or overlooked dangerous personal or professional behavior by the driver involved in your accident
- The trucking company acted, or failed to act, in ways that the court determines to be negligent
The outcome of your lawsuit, whether that resolution is a settlement or judgement, may ultimately determine whether a truck driver, trucking company, or some combination of both may be responsible for your Orlando truck accident.
A Lawyer May Make Your Case for Compensation
A lawyer may help you make your case for compensation by:
- Researching issues of liability as it pertains to your specific accident
- Filing a lawsuit against at-fault parties
- Making a written case for why they owe you compensation
- Negotiating a settlement on your behalf
- Moving to a trial stage if necessary
- Defending your rights and arguing for any compensation to which you should be entitled
Call the Law Offices of Anidjar & Levine to Learn About Your Options
Call the team at the Law Offices of Anidjar & Levine today at 1-407-500-4000 for a free consultation about seeking any awards to which you may be entitled. Do not wait to call, as Florida Statutes §95.11 may place a time limit on your ability to seek compensation through one or more lawsuits.