The starting point for determining carrier responsibility is that as the employer of a driver, the carrier is responsible under a doctrine of respondent/superior. The issues get considerably more complicated, when the driver was an "independent trucker." Then it may be necessary to find liability against the carrier on other legal theories.
The starting point for all such theories would be the requirements for carriers under the Federal Motor Carrier Safety Regulations. Generally, those Regulations create an obligation on the carrier to see to it that the drivers are in compliance with all Safety rules applicable to them, in addition to creating independent obligations on the carriers to inspect, comply and to make sure the drivers are complying also.
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A carrier has a duty to take steps to prevent injury to the driving public by determining the competency of its drivers to operate a commercial vehicle. A carrier is responsible to obtain background information on a potential driver before he can be hired. A carrier can be held negligent if they fail to obtain such information.
A carrier that fails to prepare or maintain records or maintains a required record that is incomplete, inaccurate or is false, is subject to the commencement of civil proceedings by the Federal Motor Carrier Safety Administration as well as fines.
Kansas personal injury lawyer / attorney representing clients in Pittsburg, KS, semi cash injuries law firm - If you would like to schedule a free initial consultation regarding your personal injury case, please contact the Eschmann & Pringle, P.A at (800) 952-0566 or complete our inquiry form.