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Holland & Usry, P.A.

Is the trucking company responsible for an accident if it doesn’t own the truck or the trucker works for someone else?

Most likely, yes. Trucking companies are definitely liable when their tractor trailers, driven by their employees, cause a tractor-trailer accident. The same holds true when faulty equipment, like bad brakes, causes the wreck.

Sometimes, a trucking company leases, or rents, a commercial vehicle. They can even use another company’s trucker to drive the 18-wheeler. These tractor-trailer drivers are sometimes called “borrowed employees.”

Federal law won’t let officially authorized interstate motor carriers escape responsibility for leased vehicles or borrowed truckers. Federal regulations make the trucking company liable for both the trucker’s driving and the maintenance of the leased equipment. Federal law also requires the trucking company to:

  • Obtain liability insurance on the leased truck,
  • Inspect the truck,
  • Control and be responsible for driving the commercial motor vehicle in compliance with federal law, just as if the trucking company owned it.

So in the end, as long as the trucking company is an authorized interstate motor carrier, it’s likely just as accountable for the crash as if it hired the trucker or owned the big rig.

The Bigger Question

Why would a trucking company create so much work for itself? There can be many reasons, but here’s the one that means the most to victims: To make it harder to find the responsible party to help pay for the damage.

End the Confusion and Focus on Healing

If you’re seriously hurt in a car crash, or worse, you can put an end to straining to determine who’s at fault. Contact an experienced 18-wheeler accident attorney to get your questions answered. And there’s probably a lot you should ask, but don’t know to, since big-rig crashes aren’t your typical car crash. Fill out our Get Help Now form at the top of this page for answers, so you can focus on recovery.

 

Rob Usry
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Rob is a Spartanburg, South Carolina personal injury and criminal defense lawyer.

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