When involved in an accident with a truck or other commercial vehicle, determining who is legally liable for your injuries is very important. There are some key questions to ask to help determine liability in Commercial Vehicle Accidents
Is the Driver an Employee or Independent Contractor?
The first thing you must show is whether the driver of the truck is an employee of a company or an independent contractor. Situations may vary, but a company is generally not liable for wrongful acts committed by independent contractors.
When is a Company Liable for Its Driver’s Conduct?
Respondeat superior is a Latin phrase that means “let the superior make answer” which is an important principle of liability that holds a company responsible for a traffic accident caused by a truck driver employee.
Under Respondeat superior, an employer is liable for the wrongful acts committed by its employees, provided the acts were not intentional and were committed within the scope of job performance.
Certain wrongful conduct is likely to occur during the course of the employer’s business and the losses caused by wrongful conduct should be placed on the employer as a cost of doing business.
Which Acts are “Within The Scope Of Employment”?
Determining what constitutes an act committed “within the scope of employment” can be a difficult task. Courts have adopted a number of factors to help resolve this issue. Although each state’s laws may differ, common factors can include:
Contact An Attorney
If you’ve been injured in a commercial vehicle accident due to the negligence of a truck driver or a company, don’t hesitate to contact one of our experienced attorneys.
*The above is not to be considered as legal advice. Every case is different and the laws which apply may differ from state to state.
Photo Credit: carloscastilla / 123RF Stock Photo