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A
truck company can be found directly negligent in an accident if it
negligently hired the driver of its truck, failed to ensure that the
truck driver was properly licensed, negligently entrusted the truck
driver with the truck, failed to instruct |
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the truck driver on the safe use of the truck in terms of loading,unloading
and driving, and for negligent maintenance of the truck as well as
for failing to have truck properly equipped.
The
trucking company has a non-delegable duty, i.e., a duty
it cannot pass on to anyone else, to use reasonable care to equip
and maintain the truck in compliance with the law. The truck must
be equipped as required by statute and as is necessary for safe
operation and must be maintained in a reasonably safe running condition.
Failure to equip or maintain a truck as required by law gives rise
to a presumption of negligence.
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