Attorney Monty L. Cain Wins a Major Victory in the Supreme Court of Oklahoma Making Our Roads Safer for All Drivers

Attorney Monty L. Cain, an experienced Oklahoma City car accident lawyer and founder of the Cain Law Office, is pleased to announce that he recently won an interlocutory appeal in the Supreme Court of Oklahoma. The decision will enable crash victims to hold trucking companies liable in separate, distinct legal claims when the negligence of the trucking company contributes to the cause of a trucking accident. The direct action claims against the trucking company include failure to follow the Federal Motor Carrier Safety Regulations and/or their own policies and procedures for entrusting their commercial motor vehicle to their driver as well as the hiring, training and retention of their drivers.

Truck accidents cause serious and sometimes fatal injuries to those people involved, and these types of cases can be very complicated. Mr. Cain, a personal injury attorney in Oklahoma City, has earned a reputation for safeguarding truck accident victims in Oklahoma. In the recent Supreme Court case, Mr. Cain and Attorney Michael M. Blue of Blue Law represented the plaintiff, the personal representative of the estate of a motorcyclist who was hit and killed by a tractor-trailer driver in July 2015 in Norman, Oklahoma.

After the crash, the truck driver underwent a blood test, revealing that he had been under the influence of a prescription drug that Federal Motor Carrier Safety Administration regulations prohibited at the time. In the lawsuit filed by the plaintiff in Cleveland County District Court, the attorneys argued that the employer of the driver could be held liable under a respondeat superior theory of liability. Under this theory, an employer could be held liable for the careless actions of its employees when the carelessness happens when the employee is performing “in the course and scope” of his or her employment.

Further, the plaintiff’s attorneys also claimed direct neglect on the part of the employer. They argued that the employer knew or must have known that the driver was under the influence of the prohibited drug. They argued that the employer must be held liable for careless hiring, training, and retention of the driver as well as for the negligent entrustment of a vehicle to the driver.

In a unanimous decision on September 18, 2018, the Oklahoma Supreme Court held that direct action against an employer for careless entrustment of a motor vehicle could be brought even when the employer admits that it is indirectly responsible for its employees’ negligence under the theory of respondeat superior. The court didn’t address whether a negligent hiring, training, and retention claim against an employer must be treated differently from a negligent entrustment claim.  

“This is a major victory for victims of semi-truck accident and injury cases,” Mr. Cain said. “Commercial motor carriers have a duty under federal regulations to qualify and hire competent drivers who follow the regulations. The Oklahoma Supreme Court ruling will allow plaintiffs to hold trucking companies accountable when they fail to meet that duty, and in turn, it will make our roads safer.”

About the Cain Law Office

The Cain Law Office is a highly respected personal injury law firm in Oklahoma that has been successfully combatting big trucking companies for many years. The firm is proud to have recovered full and fair compensation for Oklahomans who have been seriously injured in truck accidents across the state.

For inquiries about the Cain Law Office, call (405) 759-7400 or email cainlawofficeokc@gmail.com. Visit the website at https://cainlaw-okc.com/ for more details. 

Company Name: Cain Law Office
Contact Person: Mr Cain
Email: Send Email
Phone: 405-241-4364
Address:10415 Greenbriar Place 
City: Oklahoma City
State: OK 73159
Country: United States
Website: https://cainlaw-okc.com/