Can You Sue a Trucking Company When Its Driver Causes an Accident in Pennsylvania?
After a serious tractor-trailer accident, an injured motorist may understandably focus on the truck driver.
But one of the first questions in a Pennsylvania truck accident case should be:
Was someone other than the driver also legally responsible?
Depending upon the circumstances, a trucking company may become an important part of the investigation.
When Can a Trucking Company Be Responsible?
There is no single answer that applies to every commercial-truck collision.
Potential responsibility depends upon the driver's relationship with the company, what occurred, and applicable Pennsylvania law.
Issues may include responsibility arising from the driver's conduct as well as allegations concerning the company's own conduct.
Hiring and Qualification Issues
Commercial trucking companies may possess information concerning a driver's qualifications, experience, driving history, and training.
After a serious crash, relevant questions may include:
- Was the driver properly licensed and qualified?
- What training did the driver receive?
- Did the company possess relevant information about the driver's safety history?
- Were required records maintained?
- Was the driver permitted to operate the particular commercial vehicle involved?
The relevance of these questions depends on the accident and claims involved.
Training and Supervision
Some accidents raise questions concerning whether a driver was properly trained or supervised.
This may be particularly important when the accident involves issues such as:
- Safe following distance;
- Backing;
- Wide turns;
- Lane changes;
- Mountain or downgrade driving;
- Vehicle inspection;
- Cargo-related issues; or
- Operation during hazardous conditions.
Maintenance Responsibilities
A truck accident may also involve mechanical issues.
Brake problems, tire failures, steering issues, lighting problems, or other mechanical conditions may require investigation of who owned, inspected, maintained, and repaired the vehicle.
The driver may be only one part of that investigation.
What If the Driver Is Called an “Independent Contractor”?
Do not assume that an “independent contractor” label automatically determines who can or cannot be responsible.
Commercial transportation arrangements can involve complicated relationships among drivers, motor carriers, equipment owners, contractors, shippers, brokers, and other businesses.
The actual relationships, contracts, conduct, and applicable law should be investigated before conclusions are reached about potential responsibility.
Why Does Identifying the Trucking Company Matter?
The company may possess evidence that an injured person does not have, including:
- Driver qualification records;
- Electronic logs;
- Dispatch communications;
- Maintenance information;
- Inspection records;
- GPS information;
- Video; and
- Insurance information.
Identifying the appropriate entities early may therefore matter both for determining responsibility and preserving evidence.
Talk to a Pittsburgh Truck Accident Attorney
If you have been seriously injured by a commercial truck, determining whether the driver was negligent may be only the beginning of the investigation.
At Frank Walker Law, we investigate serious Pittsburgh and Western Pennsylvania truck accidents to identify potentially responsible parties and relevant evidence.
Contact Frank Walker Law to discuss your accident and legal options.
If you found this article useful, please like and share it with your network. A friend, family member, or loved one involved in a serious truck accident may not know that the driver's employer or other companies could also need to be investigated.
About Frank Walker Law
Attorney Frank Walker of Frank Walker Law is a National Top 100 Criminal Defense Lawyer, and Personal Injury Attorney who has been recognized as a Super Lawyer, a member of the National College for DUI Defense, Best Attorneys in America, Best Law firms of America, America’s Greatest Attorneys, and a Top AVVO Rated attorney, with offices in Pittsburgh Pennsylvania and Morgantown West Virginia.
Additionally, you can find Attorney Walker on YouTube, TikTok, the Pittsburgh Attorney Podcast and the West Virginia Attorney Podcast, where he gives legal tips (not advice!) and discusses the pressing legal issues of the day.
If you or someone you love are facing criminal charges or are seriously injured in an accident, contact Attorney Frank Walker immediately at 412-532-6805 (Pittsburgh), 304-413-0179 (Morgantown), 24 hours a day, 7 days a week for aggressive and experienced Criminal Defense or Representation in a Civil Case.