Do truck drivers get fired for accidents?

In 2022, there were 5,837 fatal trucking accidents across the country, which amounts to an average of 15 fatal trucking crashes every day.

Many of these accidents are the result of driver negligence, but not all of them are the direct result of truck driver negligence. Some accidents are caused by other drivers, manufacturing defects, loading companies, or other responsible third parties.

When do truck drivers get fired for accidents depends on several factors. 

Truck drivers might get fired if an investigation reveals they are clearly responsible, but they can generally protect their jobs when they aren’t at fault. If you’ve recently been involved in a trucking accident and you want to know more about your rights, options, and best legal strategy moving forward, then our team here at Kermani LLP can help. Learn more about truck driving accidents and how they can impact a trucker’s career below.

Truck Driver Accidents: Understanding the Risks and Protections

When an employee decides to take on a job driving commercial trucks, they automatically assume a legal duty of care towards everyone else on the road while they’re driving. Since tractor-trailers are complex to navigate and carry greater risks than traditional vehicles, truckers need a special license to operate them. This special license can be revoked after a serious accident.

Truck drivers are afforded some level of protection, though. Trucking companies carry liability insurance and worker’s compensation insurance, which should help the trucker avoid an economic setback after the crash. The employer will typically take on much of the legal responsibility for any accident that the employee causes while on the clock.

Factors Influencing Termination

Since truck drivers are ultimately responsible for not getting into a crash, it makes sense that their job security could be at risk after an accident. Typically, an investigation will ensue after the crash to determine what happened. Truck driver liability hinges on what caused the crash.

If someone else caused the truck accident, then it’s unlikely the trucker will lose their job. If the investigation does reveal negligence on behalf of the trucker, though, then it’s possible that you might not be offered further employment with the company. Sometimes, a truck company makes the decision to fire a driver even if the accident wasn’t their fault.

Companies will review what happened and typically go over three main factors to decide on the future of the trucker’s job. These factors are:

• The level of truck driver negligence;
• Whether the accident was major or minor;
• Whether the accident was preventable or not.

Minor vs. Major Accidents

One of the biggest factors that could lead to a trucker’s termination is the impact of the crash. Minor collisions don’t lead to many truck accident injuries or significant truck accident damages. If you’re a truck driver, you may be asking yourself, will a trucking company fire you for a minor accident? It’s unlikely unless you displayed serious negligence or recklessness while driving.

Major accidents result in serious financial damage, long-term injuries, and other losses. Cargo accidents can also cause financial damage to the companies whose products are damaged in the collision.

Trucking companies are more likely to fire a truck driver after a major accident because of the costs associated with the crash. Rather than risk another major loss, it’s usually in the company’s best interests to cut ties.

Preventable vs. Non-Preventable Accidents

Next, the company will consider the truck driver’s level of negligence. Truck driver behaviors that could influence termination include being on their cell phones, driving while too fatigued, violating OSHA standards, or driving under the influence.

Jackknife accidents and rollover accidents, for instance, are often preventable. When the company has to assume liability for truckers and they cause a preventable crash, it is unlikely to continue to want to work with them.

Types of Accidents Leading to Firing

The types of truck accidents most likely to lead to a firing are:

• the ones caused by the trucker;
• lead to big losses;
• cause substantial injuries. 

A truck driver can even be fired after an accident even if it was not their fault. 

Rights of Truck Drivers After an Accident

After an accident that causes injuries, truck drivers have the right to file for worker’s compensation benefits. These benefits can help the driver cover medical bills and some lost wages. The right truck wreck lawyers can also help a truck driver understand their right to seek out a personal injury claim if a different third party, like a loading company or another driver, contributed to the accident.

Ways to Protect Your Job After an Accident

The best way to protect your job after a crash is to hire a truck accident lawyer. The importance of hiring an attorney can’t be understated, as contract termination can occur even if the driver isn’t at fault at all. The right lawyer will do everything they can to fully investigate the crash, advocate for you, and hopefully protect your job.

Truck Accident Compensation

Damages after a truck crash include current and future medical expenses, lost wages, pain and suffering, and any other losses associated with the incident. Typically, a truck accident settlement is reached through either an insurance claim or a personal injury lawsuit.

In general, the truck accident compensation associated with the crash should match the extent of the injured person’s losses. Serious injuries, like permanent scarring or traumatic brain injuries, are going to result in higher levels of compensation than injuries that only cause short-term losses.

Get in Touch with a Truck Accident Attorney Now

Are you a truck driver who was recently involved in a collision? If you think the incident wasn’t your fault and you’re wondering “Can a truck driver be fired for an accident?”, then it might be a good idea to schedule a case review with an attorney.

Depending on what happened and the extent of your injuries, you might be eligible to apply for worker’s compensation benefits or you might want to file a personal injury claim. You might also need legal counsel to help you protect your job security if another party is attempting to shift the blame onto you.

Here at Kermani LLP, our team of highly experienced truck wreck attorneys is prepared to help advocate for you. Schedule your free case evaluation with our office now to get started.