A truck accident can leave you dealing with serious injuries, costly medical care and time away from work. If a truck driver caused the crash, you may wonder whether the driver is the only person who can be held responsible. In some cases, the trucking company may also face liability.
Ohio law recognizes that an employer may be responsible for an employee’s negligence when the employee acts within the scope of employment. A trucking company also may face separate claims based on its own conduct, such as negligent hiring or supervision.
When a trucking company may be liable
The driver’s employment status and actions at the time of the crash can matter. For example, a company may face liability when an employee driver causes a collision while making deliveries for the company.
Other facts also may support a claim against the trucking company. These can include:
- Hiring a driver with a history that raised safety concerns
- Failing to properly supervise a driver
- Allowing a driver to operate a truck despite known safety issues
- Failing to maintain the company’s truck properly
- Allowing unsafe practices that contribute to a crash
These details can make the company’s role different from that of the individual driver. Reviewing employment records, maintenance records and other evidence may help show what happened before the collision.
What can affect your claim?
Not every truck accident creates a valid claim against the trucking company. The facts surrounding the crash matter, including who employed the driver, what the driver was doing and whether the company contributed to the accident.
For example, a crash involving a delivery driver making a scheduled stop may raise different questions from one involving an independent contractor. Gathering records and examining the relationship between the driver and company can help clarify who may share responsibility. Legal assistance can help identify potentially responsible parties and assess the evidence supporting your claim.
Ohio generally gives two years to bring an action for bodily injury or damage to personal property, although exceptions can apply.
More than the driver
A truck accident may involve more than one responsible party. If a trucking company contributed to the crash through its employee’s conduct or its own negligence, pursuing a claim against the company may be possible. Examining the full circumstances can help determine which parties may be legally responsible for your injuries and losses.