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Employer Negligence On Truck Accidents

Posted by on Aug 24, 2016 in Truck Accidents | 0 comments

Whenever a truck accident happens, the usual suspect or at fault for the collision is the driver. The last person that they will blame for the accident is the employer or owner of the trucking company. While some accidents are indeed caused by the driver, there are some instances when the employer could have been negligent with their duties. According to the website of Karlin, Fleisher & Falkenberg, LLC, both the employer and the employee have a legal and ethical responsibility to other drivers.

The trucking industry is regulated by state and Federal regulations. These laws lay down the responsibilities of employers. One of the duties of the employer is to make sure that the drivers who operate their trucks is physically fit to do so. The driver they will choose must also have a valid commercial motor vehicle driver’s license or CDL.

It is the job of the employer to make sure that the driver they will choose is capable of safely operating their trucks by letting them complete a road test. Moreover, the employer should ensure that their vehicles are properly equipped with safety equipment. In other words, the employer should see to it that the driver they will hire passed the standards they have set for themselves.

It is also the responsibility of trucking companies to conduct routine drug and alcohol tests on their drivers. These tests should be done in different circumstances such as:

  • During the hiring process
  • After an accident that resulted to injuries or fatalities
  • If the employer suspects that the driver is using drugs or alcohol while on duty
  • It is also the duty of the employer to review the driving record of their drivers. Did they commit any traffic laws? Were they convicted of any charge or for DUI? Employers are required by law to conduct an annual review of their drivers.

These are some instances that can prove negligence on the part of the employer. If they fail on these responsibilities, they could be held liable for any accident that will happen.

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