According to the Federal Motor Carrier Safety Administration (FMSCA), driver error is the leading cause of truck accidents. Issues like distracted driving, falling asleep at the wheel and speeding are ten times more likely to cause an accident than any other factor.
That said, it can be easy to conclude that a driver should always be liable for the injuries they cause. However, the truck driver may not be the only possible source of compensation. In many cases, their employer may also be vicariously liable.
When can an employer be liable for a truck accident?
Vicarious liability is a legal doctrine that holds an entity responsible for the negligence of someone else, based on their relationship. Respondeat superior is one type of vicarious liability. It means “let the master answer.”
Under respondeat superior, employers can be liable for the negligent acts of their employees if such acts occur during the course of employment. This means the employee’s actions should happen while carrying out their job duties.
For example, if a truck driver hits your car while making a delivery, the employer may be held liable for your damages. This is because the employee was doing their job when the accident occurred.
However, an employer’s negligence can also play a role in the accident. Examples of negligence include:
- Not conducting background checks
- Pressuring drivers to work overtime, resulting in driver fatigue
- Failing to maintain vehicles properly
- Neglecting proper training
In such cases, both the truck driver and their employer may be responsible for compensating you.
Does vicarious liability always apply?
No, vicarious liability does not apply to all truck accidents. As mentioned, employers may be liable for employee negligence that occurs on the job. In contrast, an employer may not be responsible if:
- The driver causes an accident outside of their working hours
- The accident occurs while the driver is on a personal errand
- The driver commits intentional wrongful acts, such as purposefully running another motorist off the road
If the employer cannot be liable, then the driver might be the sole source of compensation.
How can you recover compensation?
Most trucking companies have liability insurance that covers third-party injuries. Filing a personal injury claim against the employer, the driver or both can help cover your damages, such as medical expenses and vehicle repairs.
But before anything else, it is crucial to know who the liable parties are. That said, consider consulting a personal injury attorney. They can help assess your case, identify responsible parties and fight for your right to fair compensation.