The damages suffered in a truck accident can be catastrophic. While the physical injuries you suffer can be extraordinarily painful and leave you struggling to live your normal life, the financial implications of your wreck can be downright oppressive. This can leave you uncertain and fearful of the future, not knowing where to turn for help. Fortunately, a personal injury lawsuit may provide you with needed relief. Although filing a claim against the negligent trucker who caused your wreck will be imperative, you should be sure to assess your ability to file a claim against their employer, too.
What is vicarious liability?
Vicarious liability is a legal theory under which an employer can be held responsible for the actions of their employee. For vicarious liability to apply, it generally must be shown that the incident occurred while the employee was on the job and performing their job duties for the benefit of their employer. Therefore, in a vicarious liability case, employers often argue that their employees were acting outside the scope of their employment at the time of the crash to try to escape a judgment against them. You may also find a truck company claiming that the driver was a contractor and not an employee, which would insulate the truck company from a lawsuit. You may be able to fight back against these claims depending on the facts of your case.
What are the challenges of a vicarious liability claim?
A vicarious liability claim has the potential to lead to a more complete financial recovery. However, truck companies are often represented by aggressive law firms that know the law and how to attack plaintiffs’ claims. Therefore, you’ll have to be ready to be deposed and counter aggressive truck accident defenses. If you’re not, then you could wind up missing out on your one chance to recover the compensation you need.
Are you ready to find accountability for your truck accident?
If you are, then now is the time to discuss the circumstances surrounding your crash with your attorney. By doing so, you’ll hopefully craft persuasive legal arguments that lead to the outcome that puts you on the path to as full of a recovery as possible.