The latest data from the California Office of Traffic Safety (OTS) offers perspective on the risks that truck drivers face each day, and why it’s worth having a California truck accident lawyer on speed dial.
According to the OTS, the number of traffic fatalities in the state decreased by 8.3 percent from 2017 to 2018. While this might be good news, if you take a closer look at the numbers, over 3,500 fatalities are still too many deaths on the highways.
Considering that the Mileage Death Rate or the number of fatalities for every 100 million miles traveled in California is 1.13, access to an attorney who has experience representing truck drivers is a must.
Here are two good reasons:
First, you often need a truck driver attorney to help you secure financial compensation, especially if you were not at fault.
Second, there is a chance your employer will terminate your employment as a result of your accident.
You’ll find several articles about exercising your right to receiving compensation from your employer’s insurance policy here in our blog. As for the issue of getting fired because of an accident while you’re on the job, here’s everything you need to know.
Employer’s Privilege
Can truck companies fire truck drivers for getting into an accident? What if there were no fatalities? What if it’s the driver’s first time to be involved in a road accident? Can their employer still fire them?
The short answer is yes, employers can terminate their drivers’ employment even if it’s a minor accident and there were zero fatalities.
Truck companies can use any of the reasons below to justify their decision of firing you after you’ve been involved in a road accident.
- As an employee of a California-based company, your employment may be terminated by your employer at any time.
California is an employment-at-will state, which means it’s legal for employers to fire an employee at will regardless of the reason.
Truck companies consider drivers who get into accidents as a liability. Accidents that involve any of their fleet can lead to legal charges that can be damaging to any company’s reputation and profitability. The court can also order truck companies to pay huge sums in damages if there were fatalities or damaged properties.
For these reasons, an employer may decide it’s best to fire the driver if they have reason to believe that an accident is likely to happen in the future.
Companies may also be pressured by the public to let go of drivers whose negligence or oversight caused an accident. Refusal to do so may reflect negatively on the company’s image and reputation.
What if the driver is an independent contractor?
Many truckers in California operate as independent contractors and are responsible for their truck’s maintenance and insurance policy. If independent contractors get into an accident, the company they’re working with can terminate their contract if it has a clause that says either party can terminate their agreement anytime.
Most trucking companies wouldn’t fire their truck driver if there was evidence that the driver was just as much a victim as the other person or property harmed in the accident (e.g., another motorist caused a multi-car pileup, the driver was forced to travel in bad weather, road warning signs were insufficient). They will, however, fire drivers who have been unquestionably negligent in their job.
- The driver violated driving rules or safety protocols.
If a truck accident was largely avoidable, the employer would be well within their rights to do fire the driver. Avoidable accidents are caused by the truck driver’s negligence, carelessness, and deliberate actions.
Here are examples of valid reasons for termination:
- Driving under the influence – Worse than termination, a DUI or DWI charge won’t just get a driver fired but jailed as well.
- Distracted driving – Just like the above, texting or watching videos while driving are grounds for termination and can lead to extra charges.
- Violating road traffic rules – Speeding, beating a red light, turning where they’re not supposed to: these are traffic violations that many private vehicles can get away with, but not truck drivers. A small infraction while driving such a massive vehicle could mean a lifetime injury for a person or thousands of dollars’ worth of business lost for a business.
- Breaking the company’s safety protocols – It is customary for trucking companies to implement a safety checklist for all truck drivers to follow. These SOPs exist to ensure that they and their trucks are in excellent condition once they hit the road. Forgetting, or worse, deliberately skipping the safety checks for any reason could justify termination.
If it is legal for employers in California to fire truck drivers at will, where does this leave you if you’ve been unjustly terminated from your job?
Wrongful Termination Calls for Legal Action
California’s employment-at-will doctrine isn’t an excuse for employers to abuse their power.
Truck drivers can file a case for wrongful termination if they think that the real cause of their termination is not an accident they were involved in but any of the following:
- Retaliation – A supervisor, manager, or the company itself can be guilty of retaliation. It is unlawful discrimination against an employee who participated in a legally protected activity.
- Discrimination – This refers to differential and often ill treatment of an employee because of their race, gender, gender identity, nationality, marital status, etc.
- Contract violation – If your employment contract explicitly says you can’t be fired for a specific period, your employer may be guilty of breach of contract if your employment is terminated earlier than what’s indicated in said contract. They can get away with it, however, if you signed an at-will employment contract. So if you plan to file a contract violation complaint against your employer in Oxnard, consult a truck driver attorney
Hire Seasoned Truck Driver Attorneys in Oxnard, CA
Wrongful termination can be tricky to prove. If you wish to file a case against your employer, an experienced truck driver attorney will help you navigate the complexities of your case.
You’ll find qualified and experienced attorneys at Truck Driver Rights. We can help you establish a wrongful termination suit provided that you did not commit any violation or caused the accident for which your employer is firing you.
Get a free consultation with our experienced truck driver accident attorneys in Oxnard, California today.