Can a trucking company be liable for an employee’s distracted driving?

While any driver can be drawn into a phone conversation or a text exchange, truckers are at a higher risk of distraction due to the nature of the work they do and the amount of time spent behind the wheel. When a truck driver is distracted, you may wonder if they are solely to blame for the crash, or if the trucking company is part of the problem. 

Rhode Island Truck Accident Lawyer Kirshenbaum and Kirshenbaum

Employer Liability for Distracted Truck and Delivery Drivers

If a trucking company is found to be partially liable for your collision, you may be owed compensation for your medical bills and losses under the commercial carrier’s insurance policy.

An employer might share liability if the accident involved:

Hands-free devices.

Employers may provide truckers with hands-free systems or accessories with wireless technology to make and take calls. An attorney can investigate whether these accessories were provided by the company, and whether they were working properly at the time of the crash.

Outdated equipment.

The GPS and radio equipment in the truck’s cab could be inherently distracting. For example, CB radios require the use of one hand when speaking, potentially violating Rhode Island’s hands-free law. If the communications equipment is outdated or hasn’t been properly maintained, the trucking company may share liability for the crash.

Workflow problems.

A driver may have no choice but to consult the GPS, radio for help, or use electronics while driving if the employer has not created a protocol to address common problems on the road.

Company policies.

Employers may be encouraging distracting behaviors or failing to provide reasonably safe alternatives. For example, company records may show that company policy prohibits cell phone use while driving, but witnesses may attest that truckers are not allowed to pull over before answering a call.

Have You Been Involved In A Rhode Island Truck Accident?

If you've been hurt in a truck accident you need to speak to an experienced truck accident lawyer as soon as possible. Please contact us online or call our Cranston office directly at 401.946.3200 to schedule your free consultation. We help truck accident victims in Providence, Warwick and all areas of Rhode Island.

 

Christopher L. Russo
Helping Rhode Island personal injury victims for nearly three decades to get the compensation they deserve.