Owning a truck company is not a risk-free investment. Being a truck driver comes with multiple risks too. You drive across dangerous terrain, and sometimes the load is too heavy. And there’s the risk of a truck accident at some point. But when a truck accident occurs – who is responsible for it? You might point your finger at the truck driver, but the company that hired him is also liable.

If you were injured by a truck or are looking for compensation after a truck accident, read on.

Explaining Vicarious Liability

When truck accidents happen, you’ll hear lawyers talking about ‘vicarious liability’ a lot. Also known as imputed liabilities, vicarious liability is a type of liability that is imposed on the person who has authority over the individual committing the act. The liability is not imposed on the individual who committed the act.

So, the truck driver has been employed by a company. It is the company’s legal responsibility for the accident caused by the trucker.

Examples of Vicarious Liability in the Workplace

You will find many examples of vicarious liability in the workplace. An employer is liable for the words, actions, and deeds of their employees. So, let’s say that an employee was performing a task on behalf of the company, then the employer is responsible for any negative actions and deeds.

Even if the employee is directly involved in the case, the employer will be liable for their actions. If the employee acted in a certain manner without the employer’s consent, it can be contested, but necessary proof has to be given.

Here are some of the examples of vicarious liability in a workplace:

• Slander
• Sexual harassment
• Mental abuse
• Bullying
• Physical abuse
• Breach of copyright
• Confidentiality breach.

All of these are classic examples of vicarious liability. The company and the employer may go down if the employee commits the offensive act. That’s because the employer is vicariously liable for their employee’s misbehavior.

Now that you are aware of what the concept means, let’s shift our focus onto truck accidents and vicarious liability.

Vicarious Liability and Truck Accident Case

Accidents that involve trucks can be catastrophic. People can lose a limb, a sense, or even their life in such accidents. If you have been injured in a truck accident, it is your right to get the compensation you are due.

Usually, hospital bills can be quite pricey. If it was a normal car accident, the victim has to prove that the driver was responsible for the damage. They could be texting and driving, speeding, or drinking while driving.

In such cases, you need an experienced attorney, like this Fort Lauderdale truck accident lawyer, to reach a fair settlement on your behalf before your case moves to trial. Now, in case a big commercial truck was involved in the accident, the situation is quite complex. The truck driver might indeed be at fault, but it could also be the fault of the employer or owner of the truck.

The truck company may have handed over a faulty truck. They might have hired an amateur driver for the task. And if they were negligent in any way, they would be vicariously liable for the truck accident.

Under the vicarious liability law, the employer is responsible for the act. The injured person can sue both the driver and the company. Ideally, you should not give the truck company or the driver a free pass. Compensation is required, and the truck company is responsible for paying it.

Roadblocks to Be Aware of

Some trucking companies are too big to fail. They have a team of lawyers behind them. They may try to wriggle out of the situation and not pay you a penny. They might use defense or a ‘frolic’ to divert the case.

These truck companies might argue that the driver was taking a break from his duties at the time of the crash, even though it would be hard to prove that they were taking a break or not. In such cases, you will need really strong legal aid.

Truck accidents can be tricky, especially when a large company owns the vehicle. So, if you want the compensation, make sure you have a strong case, all the evidence, and an experienced attorney on your side.

About Author:

Early in his journalism career, Kerry L. Tucker had a revelation: there were not enough experts reporting on law issues. Legal matters are part of daily life. Yet, there seems to be a general aversion towards them. One of the main reasons for this is that the convoluted legal language is difficult for many people to follow. Therefore, he decided to change how the law is perceived by the public. Throughout his career, he met with many people who shared their personal stories with him. Some of these hit him harder. One of the cases that stayed with him and influenced his future career development was a car accident case involving a child. From then on, he decided to zero in on car accident lawsuits.