Can the Trucking Company Be Deemed at Fault for a Trucking Accident?By Stewart J. Guss on April 28th, 2017
Trucking accidents occur on a daily basis in and around Houston and are often caused by box trucks, tractor trailers, or big rigs whose drivers are speeding or otherwise driving in a negligent, careless, or reckless manner under the circumstances. If you have been injured in a trucking accident, you may have a cause of action for damages not only against the offending truck driver but also against the trucking company under an agency theory of liability.
Texas Agency Law
Many truck drivers who are driving their big rigs and tractor trailers across Texas are employed by a trucking company. Even when the truck driver acts in a careless or negligent manner, the trucking company may still be on the hook under an agency theory of recovery, assuming all of the following are true:
- An employment relationship existed between the trucking company and the truck driver.
- The truck driver was operating his or her truck on a roadway in Texas.
- The truck driver was acting within the scope of his or her employment at the time of the trucking accident.
- The truck driver was operating the truck with the trucking company’s express or implied consent and permission.
Also, if a trucking company is aware of prior misconduct by a truck driver or a prior negative driving record, but still hires or retains the truck driver to operate and drive the truck anyway, the trucking company may be deemed liable under one or all of the following legal theories:
- Negligent hiring
- Negligent supervision
- Negligent retention
- Negligent entrustment
Contact a Houston Truck Accident Attorney Today to Discuss Your Case
If you have been injured in a Houston truck accident, you need skilled legal representation on your side throughout your case. An experienced Houston truck crash attorney will have experience dealing with insurance adjusters and can assist you with obtaining the best possible result in your truck accident case via settlement or trial.
To discuss your case in detail with a Houston truck accident attorney, call the office of Stewart J. Guss today at 800-898-4877 or send us an email through our online contact form.