A semi-truck can cause devastation when involved in an accident. In too many instances, these wrecks leave individuals with serious injuries that oftentimes leave them with long-lasting physical injuries. While painful, these injuries can also leave an individual with temporary or permanent disability. On top of this, truck accident victims usually suffer extensive financial losses, primarily on account of unexpected medical expenses and lost wages. The combination of physical pain and suffering and financial loss can quickly become overwhelming, thereby leaving individuals in a fragile emotional state.
Although it can be frightening to face these realities after a truck accident, victims should take comfort knowing that they may be able to recover compensation for their damages by pursuing a personal injury lawsuit. These claims are generally filed against the negligent trucker who caused the accident in question, but these individuals are typically unable to pay the full extent of the damages they caused, even if a judge and jury hold them liable for a victim’s losses. Since this is frequently the case, truck accident victims should consider also pursuing a vicarious liability claim against the truck company who employed the negligent trucker in question.
Under the legal theory of vicarious liability, an employer can be held liable for the actions of its employees. In order for vicarious liability to apply, though, certain facts must exist. For example, the trucker who acted negligently must have been performing his or her job duties at the time of the wreck in question, meaning that he or she was not taking a detour or engaging in some sort of prohibited behavior. In conjunction with this, the employer must derive some sort of benefit from the activity being conducted by the negligent trucker at the time of the accident.
Going head-to-head against a truck company can be intimidating. After all, these businesses often have a team of attorneys on their side ready to aggressively defend against any claims levied against them. This is why truck accident victims need to be prepared to aggressively present their case by utilizing the best facts and laws available. Skilled legal teams stand ready to assist truck accident victims in building these types of cases.