Understanding Vicarious Liability in Trucking Accidents
Understanding vicarious liability in trucking accidents may be confusing. This legal term describes circumstances where a trucking company could be held liable for the negligent actions of their drivers.
If you have been hurt in a trucking accident, you probably have numerous questions. Learn more about vicarious liability from our skilled attorneys and how it could get you the compensation you deserve.
What Is Vicarious Liability in a Commercial Truck Accident?
If you are involved in an accident with a trucker who was making a delivery or transporting cargo, the company that hired the driver could be held responsible for your losses. The legal basis for this is that the trucker’s employer is held accountable for their driver’s actions within the scope of their responsibilities.
A key element in vicarious liability trucking accidents involves the driver’s relationship with the trucking company. They must be classified as an employee (as opposed to an independent contractor) to hold the business liable. In addition, if the company failed to properly screen or train its drivers, it could be held responsible for any damages resulting from an accident as long as the trucker was on duty at the time of the accident.
The Truck Driver’s Negligence
Louisiana Civil Code Article 2320 explains Louisiana’s guidelines for vicarious liability and how you, as an injured party, may sue the trucker’s employer after an accident. However, your attorney must prove that the at-fault driver’s negligent actions breached the company’s duty of care. For example, if the trucker failed to stop at a red light while making a delivery and collided with your vehicle, their employer could be vicariously liable for your injuries and property damage. If the truck driver violated industry regulations, such as operating past working hours, their company could also be responsible for their employee’s negligence.
The Company’s Truck Maintenance Procedures
If a mechanical failure caused the trucking accident, the driver’s could be liable for damages due to poor maintenance procedures. Your attorney could also include the truck’s manufacturer, parts companies, and mechanics in the claim. The Federal Motor Carrier Safety Administration regulates commercial motor vehicles for maintenance and safety violations and may verify whether or not the company services its commercial vehicles correctly.
Vicarious Liability’s Impact on Compensation
Vicarious liability could significantly impact an accident victim’s compensation because trucking companies typically maintain comprehensive insurance policies with higher limits than individual drivers. This factor is key when your damages exceed the driver’s insurance coverage.
Get Help from a Personal Injury Attorney
Accidents involving large commercial trucks on Louisiana’s roadways could become incredibly complex. If you need help understanding vicarious liability in trucking accidents, contact the dedicated team at Tomeny | Best for a free consultation. You could be entitled to compensation for a personal injury claim.
