Rogue Trucking Companies
Since so much is at stake in a trucking accident case, it is extremely important that an injured person or the family of a victim killed in such an accident retain experienced, knowledgeable legal counsel as soon as possible. The compassionate and knowledgeable Pembroke Pines truck accident attorneys at Cohn & Smith are here to help injured people pursue claims against negligent truckers and trucking companies, including rogue trucking companies with questionable backgrounds and lengthy histories of legal difficulties.
In a perfect world, trucking companies would obey the statutes and regulations applicable to their industry, exercise due diligence in their hiring and retention practices, and have assets or liability insurance sufficient to satisfy any award of damages entered against them by a court of law. Unfortunately, this is not always the case. A substantial number of trucking companies, sometimes known as “rogue trucking companies,” have long histories of safety violations, inadequate maintenance, irresponsible hiring practices, and a general disregard for public safety. Sometimes these companies even shut down operations and reopen under a new name in order to avoid – or at least delay – legal action.Holding a Rogue Trucking Company Accountable for its Negligence or Recklessness
Whenever a business fails to act in a reasonably prudent manner, there is a possibility of a negligence lawsuit if its careless or reckless conduct results in harm to others. An injured person who wishes to file a negligence claim against a trucking company usually must prove the four traditional elements of negligence: duty, breach of duty, causation, and damages.
Negligence cases against rogue trucking companies may involve claims of negligence in the hiring process. For example, a company may fail to investigate an applicant’s previous driving record and hire a driver who has been convicted of speeding violations, drunk driving, or drug possession. That driver then may cause an accident that arose from a pattern of conduct that the employer should have discovered prior to hiring them. Likewise, in a negligent retention lawsuit, a trucking company may be held liable for continuing to employ a particular individual after it should have been obvious that this person’s continued employment could harm others.
In some instances, a trucking company may also be held liable for a driver’s negligence in the course and scope of his or her employment, even in the absence of negligent conduct by the company. This may be done by using the theory of respondeat superior, or vicarious liability.
Especially when dealing with rogue trucking companies, it is imperative that every potential theory of liability be explored, including issues such as a failure to comply with state, federal, or local laws, and that every possible defendant – including the individuals behind sham corporations – be identified. Also, it may be necessary to explore a possible uninsured or underinsured motorist claim against the injured person’s own UM/UIM carrier in the event that a rogue trucking outfit lacks adequate resources to satisfy a damages award. Common forms of compensation that may be available in these situations include pain and suffering, medical expenses, lost income and earning capacity, loss of consortium, and property damage.Enlist a Knowledgeable Truck Accident Attorney in the Pembroke Pines Area
The Pembroke Pines lawyers at Cohn & Smith are here to help if you or someone in your family has been harmed by a rogue trucking company. Call us at (954) 431-8100 or contact us online to set up a free consultation regarding your case. Our motor vehicle collision attorneys can assist victims in many South Florida cities, including Fort Lauderdale, Hollywood, Davie, Weston, Sunrise, Tamarac, Coral Springs, Pompano Beach, Aventura, and areas throughout North Dade County.