Accidents involving transport trucks, delivery vehicles, and commercial fleet vehicles present a substantially more complex legal landscape than standard passenger vehicle collisions. Multiple parties may bear liability — the truck driver, the trucking company, the shipper, the vehicle lessor, and maintenance contractors. Federal and provincial regulations govern commercial vehicle operation. And the stakes are typically higher: commercial vehicle accidents frequently produce catastrophic injuries due to the size and weight differential involved.
Commercial carriers operating across provincial and international boundaries are subject to federal Motor Transport legislation and National Safety Code standards governing hours of service, vehicle maintenance, cargo securement, and driver qualification. A trucking company that violates these standards and whose vehicle causes an accident as a result may be liable not only in negligence but under the doctrine of negligence per se.
Hours of service and ELD records: Electronic logging device (ELD) records and driver logbooks documenting hours of service in the days before a serious accident are critical evidence that must be preserved through prompt demand letters. ELD data, GPS tracking records, dispatch communications, and maintenance logs are all subject to production obligations and must be demanded before they are overwritten or destroyed.
A trucking company is vicariously liable for the negligence of its drivers acting in the course of employment. Beyond vicarious liability, the company may be independently negligent in its hiring, training, supervision, and vehicle maintenance practices. These independent bases for employer liability are particularly important where the driver is characterized as an independent contractor — the true nature of the employment relationship, not its contractual label, determines the liability analysis.