Truck Accidents and Negligent Entrustment
Were you hurt in a wreck caused by a negligent truck driver? While operator negligence may be most directly to blame for the collision, other parties could also be liable for what happened. For example, under the theory of negligent entrustment, truck accident liability may rest with the trucking company or another party that put an unqualified or untrustworthy driver behind the wheel in the first place. Holding these corporate parties liable could allow you to recover more compensation than you would be able to by pursuing a claim against the truck driver alone.
When you’re ready to seek the compensation you deserve after a truck crash that wasn’t your fault, contact Cain Law for a free consultation. We are prepared to investigate the wreck thoroughly to determine if a trucking company or other party’s negligence makes them liable for what you’ve suffered. We do so at no upfront cost to you.
What Is Negligent Entrustment in Truck Accident Cases?
Negligent entrustment in a truck accident case occurs when a party – such as a trucking company, broker, or fleet owner – lets an unqualified driver operate a commercial vehicle. This could include situations where the driver has a poor driving record, a history of reckless driving or drunk driving accidents, insufficient training, or is otherwise unfit for service. If the driver causes a crash, the party that provided the truck can be held accountable for their actions.
There are four primary elements of negligent entrustment:
- Entrustment of the Vehicle: The responsible party allowed the driver to operate the truck.
- Unfitness of the Driver: The driver was unqualified to operate the truck due to a poor driving record, lack of training, or not having a valid driver’s license.
- Knowledge of Unfitness: The party that provided the vehicle knew or should have known that the driver was unfit to operate it.
- Causation of the Accident: The truck driver caused the collision due to their unfitness.
If you can establish these elements, you can hold the party responsible for putting the unfit driver behind the wheel accountable for their negligence.
Cain Law Establishes Legal Precedent in Truck Accident Cases Involving Negligent Entrustment
Cain Law significantly advanced negligent entrustment laws in Oklahoma through our handling of Fox v. Mize, which was ultimately decided by the Oklahoma Supreme Court.
In that case, the truck company argued that their driver was operating within the scope of his employment and, therefore, the claimant could not pursue a direct claim of negligent entrustment of the truck to their employee, the semi driver.
The representative of the estate hired Cain Law to seek fair compensation on their behalf. We brought a claim of negligent entrustment against the truck company directly, arguing that the company knew or should have known that their driver was unqualified to operate the truck.
The trucking company attempted to have our case dismissed on the grounds that it was unnecessary and superfluous, given that the truck company had already assumed vicarious liability for their driver’s actions. The district court hearing the case denied the truck company’s attempt to dismiss the negligent entrustment claim. The truck company then appealed that decision all the way to the Oklahoma Supreme Court, which then had to rule on whether a respondeat superior claim invalidated a claim of negligent entrustment.
The Oklahoma Supreme Court ultimately decided in our favor, saying that employers cannot insulate themselves from liability for negligent entrustment by arguing that an employee was acting in the scope of their employment.
Who Can Be Held Responsible for Negligent Entrustment?
In a truck crash involving negligent entrustment claims, the following individuals or entities could be held liable:
- Trucking Companies: The company could be liable if it hires or permits an unqualified or inexperienced driver to operate a truck, such as by failing to run background checks or confirm licensure.
- Brokers and Shippers: If brokers or shippers were involved in selecting the driver, they may be liable for negligently allowing an unfit driver to operate the truck.
- Fleet Owners: Independent owners or leasing companies that provide trucks to unqualified drivers can be liable for providing their vehicles to unqualified drivers.
Determining which of these parties is ultimately liable for negligent entrustment will require an in-depth investigation of the incident. This process may involve subpoenaing employment records, internal memoranda, and company policies, which is why it’s critical to work with an experienced truck wreck lawyer.
Contact the Experienced Truck Crash Attorneys at Cain Law for Immediate Legal Assistance
If you’ve been injured in a truck crash, you may be facing significant medical bills and other challenges. Cain Law is here to help you seek the fair compensation you deserve. Here’s what you can expect when you work with our firm:
- Free Initial Consultation: Cain Law offers a no-cost initial consultation to help you understand your legal options. There’s no obligation to proceed, but if you do, we will guide you every step of the way.
- No Fees Unless You Win: You won’t owe anything unless we secure compensation. Our contingency fee structure means you can focus on recovering without worrying about legal fees.
- 24/7 Availability: Cain Law is available anytime to take your call and start working on your case.
Home and Hospital Visits: If you can’t come to us, Cain Law will come to you – at home, in the hospital, or wherever is most convenient.
Contact us today to get started with a free consultation, and we’ll advise you on whether you could have grounds to pursue a negligent truck accident claim.
