Given the devastation that can be caused by a truck accident, you probably need financial relief that adequately covers your losses. While you might be able to achieve this by pursuing a personal injury lawsuit against the negligent trucker who caused your accident, you’re much more likely to recover the compensation you need and deserve if you supplement your claim with a vicarious liability lawsuit against the trucker’s employer.
What is vicarious liability?
In short, vicarious liability is the process through which an employer can be held accountable for the actions of a negligent employee. The thinking behind this area of the law is that employers have oversight of their employees and their employees’ actions, so they should be held responsible for those employees’ actions that cause harm.
What must be shown?
In order to succeed on a vicarious liability claim, you have to establish certain facts. An employer-employee relationship must exist, but the employee also needs to be on the clock and performing his or her job duties at the time of the wreck. You’ll need to demonstrate that the employer benefited from the employee’s actions that were being undertaken at the time of the accident, and, of course, you’ll have to show your damages.
Be prepared to counter defenses
Truck companies often try to escape liability by shifting blame back onto the trucker. They do this by arguing that the trucker somehow deviated from his or her scope of employment, which is often referred to as frolic and detour. Anticipate this argument and know all of the facts of your case so that you’re prepared to counter aggressively.
Have an ally on your side
Dealing with truck companies and their zealous insurance companies can be stressful. Fortunately, you don’t have to walk into this fight on your own. Competent and experienced personal injury attorneys stand ready to help you argue for what is rightfully yours.