Blog

0 minute read
What Happens If the Driver of a Company Car, Truck or 18-Wheeler Gets into an Accident?
Cameron Hawkins • September 7, 2021
commercial vehicle accident lawyer

When the driver of a fleet vehicle gets into an accident while they’re on the clock, their employer’s commercial liability insurance should pick up the tab for their defense costs – right? As a rule of thumb, companies are generally financially responsible for the actions of their workers.


There are potential scenarios where the driver could be personally liable for the injuries they cause while on the clock, especially if they were driving drunk or were otherwise outside of their scope of employment at the time of the accident.


The company that employed the driver might also not be the only company that’s liable for injuries caused by a commercial vehicle accident.

If the company has a fleet maintenance contract, and it turns out the accident was caused by a mistake the contractor made when maintaining or repairing the vehicle involved in the crash, that fleet maintenance company might be liable.


The distributor or the company responsible for loading the truck’s cargo might also be liable, or even the company that manufactured the truck or the parts that failed and led to the accident.


One of the first things a truck accident injury lawyer needs to do when tackling a commercial vehicle accident is investigate the cause and the many parties that might share liability. It’s not uncommon for several defendants to be named in commercial truck litigation.


Determining Whether the Driver Was Acting Within the Scope of Employment

It’s important to define the scope of employment in these types of personal injury case and in workers’ compensation cases. In both types of cases the employer might only be on the hook for damages if the employee was performing their work duties on the clock when the accident occurred.


If the driver was on the clock and making a delivery when they got into an accident, it would likely be considered within their scope of employment. If the driver had to stop at home to pick something up and got into an accident in their own neighborhood, that might not be considered within their scope of employment.

 

Sometimes Responsibility Is Less Than Obvious

If a driver who has been on the road for 16 hours straight gets into accident, the initial assumption might be that the driver was being reckless. The Federal Motor Carrier Safety Administration (FMCSA) clearly states that drivers can’t be on the road for more than 11 hours after 10 consecutive hours off the road.


However, the drivers actions aren’t always a clear indication of all the factors at play.


What if the driver had their compensation tied to the speed with which their deliveries reached their destination? What if their continued employment was in jeopardy if they were late, and an accident or inclement weather caused a delay earlier in the day?


There are all types of scenarios where the driver may have felt pressured to do something unsafe. A company might have a clear “safety” policy to protect themselves from liability, but it might turn out drivers were pressured to break the rules to meet quotas.


Commercial trucking accidents are frequently not clear cut, which is why it’s important for both plaintiff and defense attorneys to do their due diligence when investigating these accidents.


Best Case Scenario for Truck Drivers, Trucking Companies and Injured Passengers

There’s rarely good news when it comes to auto accident injuries. If given the choice most people injured in truck accidents would prefer to have never been involved in the crash.


However, if you are ever involved in a truck accident it’s likely good news for your case if the trucking company is found to be liable. Trucking businesses and other commercial defendants usually have large liability insurance policies – much larger than a single driver might have.


People injured in truck accidents frequently have significant medical bills, and it’s not at all uncommon for those medical costs to exceed policy limits on personal auto insurance policies. Commercial trucking companies often have liability insurance policy limits that can not only cover medical bills but also pain and suffering, lost wages and other damages.


Have You Been Injured in a Truck Accident in Atlanta?

Edwards & Hawkins is committed to fighting for the rights of our clients, whether they’re businesses or plaintiffs injured in truck accidents. Call us at (404) 526-8866 for a free consultation and learn about your legal options. 

By Cameron Hawkins January 24, 2025
Unsure whether claims-made or occurrence malpractice insurance is right for you? Cameron Hawkins Law explains the key differences and how each policy impacts coverage.
By Cameron Hawkins January 15, 2025
Service liability risks can lead to costly lawsuits. Cameron Hawkins Law in Atlanta explains how to assess your business for potential risks and protect against legal claims.
By Cameron Hawkins January 14, 2025
Strong company policies help prevent workplace harassment and legal issues. Cameron Hawkins Law in Atlanta outlines key strategies to build a safe, compliant work environment.
By Cameron Hawkins January 10, 2025
Avoid wrongful termination claims with strong employment contracts. Cameron Hawkins Law in Atlanta shares best practices to safeguard your business and ensure compliance.
By Cameron Hawkins December 20, 2024
Learn how to handle claims from employee negligence effectively. Contact the Law Office of Cameron Hawkins in Atlanta, GA, for expert legal advice today!
By Cameron Hawkins December 16, 2024
Discover how social media posts can impact business liability cases. Get expert legal guidance from the Law Office of Cameron Hawkins in Atlanta, GA.
By Cameron Hawkins December 10, 2024
Learn why thorough documentation is vital when defending against personal injury claims. Protect your rights with expert insights from the Law Office of Cameron Hawkins in Atlanta, GA!
By Cameron Hawkins December 6, 2024
Need help with claims involving independent contractors? Contact the Law Office of Cameron Hawkins in Atlanta, GA, for expert legal guidance today!
Learn how to address employee negligence and mitigate its impact. The Law Office of Cameron Hawkins
By Cameron Hawkins November 27, 2024
Employee negligence can have significant consequences for businesses, potentially resulting in costly claims, damage to reputation and operational setbacks. Fortunately, there are effective approaches to discourage employee negligence and handle claims if they do arise.  Employee Negligence and Its Impact on Business Liability Employee negligence occurs when an employee fails to perform their duties with reasonable care, resulting in harm or loss. Examples can range from minor oversights, like forgetting to secure sensitive documents, to severe incidents, such as driving a fleet vehicle while intoxicated or ignoring safety protocols. The implications of employee negligence may include: Financial Loss : Claims stemming from employee negligence can lead to costly legal battles, payouts and increasing insurance premiums. Reputation Damage : High-profile negligence cases can harm a company's public image, leading to a loss of trust among customers, partners and potential hires. Clients or vendors may hesitate to engage with a company perceived as having poor standards or safety protocols. Operational Disruptions : The fallout from a negligence claim can disrupt daily operations, particularly if investigations or legal proceedings demand substantial time and resources from company leaders. Increased Regulatory Scrutiny : Depending on the industry, negligence can invite additional oversight from regulatory bodies, resulting in audits, fines or mandatory corrective actions. Strategies for Preventing Employee Negligence Preventing employee negligence is one of the best ways to defend your business against liability claims. Companies can adopt a proactive approach by implementing policies, training and monitoring mechanisms. Comprehensive Training Programs Employees should undergo regular training that covers core responsibilities, industry regulations and specific job functions. Training should also address general areas like workplace safety, cybersecurity and customer service. In fields with strict safety protocols, like healthcare or construction, scenario-based training is particularly valuable. Clear Policies and Procedures Establishing clear, accessible policies is crucial to setting standards for employee behavior. These documents should outline expected practices, potential consequences for negligence and steps employees can take to prevent errors. Implementing clear procedures not only improves adherence but also provides a reference for employees who might be unsure of the correct action to take in a particular situation. Use of Technology for Monitoring and Accountability Modern technology can play a valuable role in reducing negligence, especially in industries with high-risk activities. Some examples include: Security Monitoring Software : These tools track data access and ensure that employees do not share or mishandle sensitive information. In industries like finance or healthcare, these tools are essential for maintaining compliance and accountability. Automated Task Trackers : For industries with repetitive or procedural work, task trackers can help employees follow through on each required step. These systems improve productivity and reduce the chances of missing critical steps. Establishing a Culture of Responsibility and Accountability Creating a culture where employees feel responsible for their actions and comfortable reporting mistakes encourages vigilance and corrective action. This can be achieved through: Open Communication : Encourage employees to voice concerns and share suggestions for improving workflows. Rewarding Safety-Conscious Behavior : Recognize employees who demonstrate responsibility and attentiveness to reinforce a safety-conscious work environment. Managing Claims Resulting From Employee Negligence Despite preventative measures, claims may arise due to employee negligence. Effectively managing these claims is essential to protect your company from potential damage. Below are some steps for handling claims due to employee negligence. Investigate the Incident Thoroughly An in-depth investigation is crucial for determining the cause of an incident and assessing the validity of the claim. Collect all relevant documentation, including any witness statements, video footage or internal records, to understand what led to the incident. This investigation not only provides clarity but also demonstrates that your company takes such incidents seriously. Notify Insurance Providers Promptly Contact your insurance provider as soon as a claim arises. Timely notification ensures that claims are managed within policy guidelines and increases the likelihood that legal fees and settlements will be covered. Insurance providers can also guide you through the claims process, offering additional support for your response strategy. Develop a Communication Strategy Maintain transparent communication with affected parties, including the claimant, employees involved and any stakeholders. Avoid admitting liability prematurely, as this can weaken your position in negotiations or court. Instead, convey that the incident is under investigation and assure all parties of your commitment to rectifying the issue. Seek Legal Guidance Legal support is critical to managing claims effectively. An experienced attorney can assess the claim, advise on liability issues and represent your company in negotiations or court. An experienced business liability defense lawyer can also help identify and develop potential defenses. Document and Improve Procedures After resolving a negligence claim, review and improve any relevant policies, procedures or training programs to prevent future occurrences. Identifying gaps and making changes not only enhances safety but also reduces the likelihood of future claims. Additionally, demonstrating a commitment to improvement can favorably impact settlements, insurance renewals and regulatory reviews. Contact Our Skilled Atlanta Business Liability Litigation Attorneys Today If your business is facing claims due to employee negligence, The Law Office of Cameron Hawkins is here to help. With extensive experience defending companies against negligence claims, our team will work diligently to protect your business’s financial interests and reputation. Contact us today for a consultation or give us a call at (678) 921-4225.
By Cameron Hawkins November 19, 2024
Thorough documentation is your first line of defense. Learn how the Law Office of Cameron Hawkins in Atlanta helps businesses navigate personal injury claims.
More Posts
Share by: