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Contact an Atlanta, Georgia trucking accident attorney by filling out the brief form below if you have any questions about theories of liability or truck accident lawsuits, or to arrange a case consultation.
Fried Rogers Goldberg LLC
3399 Peachtree Road N.E.
Suite 325
Atlanta, Georgia 30326
Phone: (404) 591-1800 or toll free (877) 591-1801
Fax: (404) 591-1801
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Atlanta, Georgia Trucking Accident Attorney — Theories of Liability
At Fried Rogers Goldberg LLC, Atlanta, Georgia trucking accident victims can speak with an attorney that specializes in motor carrier law. Our lawyers have published a book, Understanding Motor Carrier Claims, as a resource for other trucking accident attorneys nationwide. This comprehensive guide explains the complexities of motor carrier litigation and has proved to be an invaluable resource to many attorneys across the country.
Below is a summary of the book's second chapter, "Theories of Liability." To read the chapter in its entirety, open the PDF at the bottom of this page. If you have any questions and would like to speak with an Atlanta, Georgia trucking accident attorney, contact Fried Rogers Goldberg LLC today.
Previous chapter << I. The Basics of Interstate Motor Carriers
Next chapter >> III. Driver Qualifications
II. Theories of Liability
A. Employer Liability
When the driver is an actual employee of the trucking company, the company's liability is governed by state common law theories of agency. The motor carrier, as the employer of the driver, is only responsible for the driver's actions while the driver is acting within the scope of his employment.
** Practice Pointer **
If the driver is employed by the trucking company, review state law governing agency.
B. Lease Liability
Federal regulations require a trucking company that leases a vehicle and driver to have "exclusive possession, control, and use," of the leased vehicle. A trucking accident attorney can use this requirement to hold the trucking company responsible for accidents caused by a leased driver's negligence under the theory that the company permits an otherwise unregulated truck and driver to be on the road in interstate commerce.
** Practice Pointer **
Request copies of any lease agreement related to the tractor or trailer.
C. Negligent Hiring, Entrustment, or Retention
Negligent hiring involves the claim that the trucking company should not have hired the driver because the company should have known that the driver was incompetent at the time of his application for employment. Negligent hiring, entrustment, and retention claims are causes of actions based on a trucking company's direct negligence in employing an incompetent driver, rather than on vicarious liability for the driver's actions.
** Practice Pointer **
A trucking accident attorney should conduct discovery on the issues of negligent hiring and retention by requesting relevant documents and deposing the company's safety director. If there is evidence of negligent hiring and retention, amend the complaint to add these claims and a punitive damages claim based on the hiring of the driver to avoid any chance of having the claims dismissed if the company admits agency.
D. Actions Against Insurers for Negligent Hiring
Although the insurer has no duty under state or federal law to screen drivers, the insurer may be held responsible for negligently undertaking this duty if the insurer fails to reject an unqualified or incompetent driver.
** Practice Pointer **
If the trucking company is a small business and there is not sufficient liability coverage from the plaintiff's injuries, examine the relationship between the insurer and motor carrier to determine if the insurer controlled the screening of new drivers.
E. Broker Liability
A trucking accident attorney can seek a liability claim against a broker — an entity that does not transport the load but deals with the shipper and motor carrier arranging the transportation — under a negligent hiring theory if the broker did not properly screen the motor carrier and failed to investigate the carrier's safety record.
** Practice Pointer **
Determine if a broker was involved in arranging the transportation and if the broker checked the motor carrier's safety record.
F. Negligent Inspection, Maintenance, or Repair
A motor carrier can be held responsible for any injury caused by its failure to properly inspect, maintain, or repair any equipment in its control.
** Practice Pointer **
Have a qualified trucking expert conduct an inspection of the vehicle as soon as possible after the accident to determine if mechanical problems played a role in the accident, and obtain a copy of any post-accident Department of Transportation (DOT), Public Service Commission (PSC), or Federal Highway Administration (FHWA) inspection of the vehicle.
G. Violations of Federal Motor Carrier Safety Regulations
Every interstate motor carrier is required to be knowledgeable of and comply with all the provisions of the Federal Motor Carrier Safety Regulations (FMCSR) applicable to that carrier's operations. Every driver and employee must be instructed regarding compliance. Equipment and accessories required by the regulations must be maintained in compliance with all applicable performance and design criteria.
** Practice Pointer **
Review the FMCSR to determine if the driver's tractor trailer met federal specifications.
H. Shipper Liability
A trucking accident attorney can seek a liability claim against a shipper if the accident was related to improper loading of the vehicle.
** Practice Pointer **
If the accident involved a load shift, overweight vehicle, or improperly secured load consider action against the shipper for negligently loading the vehicle.
I. Driver Fatigue
Federal regulations prohibit a trucking company from allowing a driver to operate a commercial vehicle while the driver's ability or alertness is impaired by fatigue, illness, or any other cause which would make it unsafe for the driver to operate the commercial vehicle. These regulations also prescribe a maximum number of hours that a driver can be on duty during any day or week and require a driver to maintain a daily log of his work status.
** Practice Pointer **
Retain a qualified expert to examine the trucking company's system of monitoring its drivers' hours of service.
J. Spoliation of Evidence
Federal regulations require interstate carriers to maintain and preserve records for various lengths of time. After an accident, a carrier will often destroy pertinent records, either purposely or in the ordinary course of its document retention procedures. The destruction of documents, often referred to as "spoliation," can lead to sanctions against the trucking company.
** Practice Pointer **
A trucking accident attorney should send a spoliation letter as soon as possible to place the trucking company on notice as to the importance of maintaining and preserving all relevant documents.
K. Punitive Damages
Punitive damages are only warranted when the conduct of the trucking company amounts to more than just negligence and instead demonstrates recklessness or a want of care for the consequences of its actions.
** Practice Pointer **
Retain a qualified expert to determine if the trucking company is complying with its obligations to monitor drivers under the federal regulations.
Download full chapter: II. Theories of Liability
Next chapter >> III. Driver Qualifications
Contact an Atlanta, Georgia Trucking Accident Attorney
If you have any questions regarding the theories of liability discussed above, or if you have been involved in a truck collision and are seeking representation, contact an Atlanta, Georgia trucking accident attorney at Fried Rogers Goldberg LLC today. Our lawyers have an impressive track record of significant truck accident verdicts and settlements. We can help you maximize your claim.