Truck Accident Employer Negligence in California | Samer Habbas

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Truck Accident Employer Negligence in California Over $200 Million Recovered For Our Clients!

Hillstreet Industries

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About Incidents involving trucks are all too common in the state of California.

Unfortunately, trucking accidents can have very serious consequences and cause detrimental injuries that can negatively impact the lives of victims. In cases where trucks are involved in an accident, the truck company might be responsible and could be held liable for employer negligence.

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What Constitutes Employer Negligence?

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Hiring a driver without a valid license

Hiring an inexperience d driver

Failing to train a driver adequately

Retaining a driver that the company knows is not qualified

Hiring a driver without a valid license

Hiring a driver with a history of accidents and/or traffic violations

Employer Liability for Truck Driver Misconduct

If a company attempts to save money or time by cutting corners, it could cause a collision.

Employers are held liable when their employees act irresponsibly.

If a truck driver is an independent contractor, the trucking company may not be liable.

If the accident is caused by the truck being improperly or insufficiently loaded, the company could be held responsible.

It can be notoriously tricky to determine employer liability in truck accident cases.

Who Is Responsible for Improper Loading?

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NOT USING PROPER STRAPS OR TIE DOWNS

OVERLOADING OR UNDER-LOADING

STACKING CARGO IN A DANGEROUS MANNER

FAILURE TO USE EDGE PROTECTION

FAILURE TO PROPERLY ACCOMMODATE DANGEROUS CARGO

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What Acts Are “Within the Scope of Employment”?

THE INTENT OF THE EMPLOYEE AT THE TIME OF THE ACCIDENT

WHAT TYPE OF WORK THE EMPLOYEE WAS HIRED FOR

THE AMOUNT OF FREEDOM ALLOWED TO THE EMPLOYEE IN PERFORMING DUTIES

THE AMOUNT OF TIME CONSUMED IN THE PERSONAL ACTIVITY.

NATURE, TIME, AND PLACE OF THE EMPLOYEE’S CONDUCT

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