Should I Sue the Truck Driver or the Trucking Company?

White Semi Truck

 

When you get in a car accident with a commercial truck, it can be confusing knowing exactly who to sue. The driver was negligent, so it would make sense to sue them. However, there is a principal called, “vicarious liability” that makes companies responsible for the negligence of their employees as long as they were acting within the course of their employment. Sounds simple enough, but it can get very complicated depending on the facts of the case. Here is a brief overview of vicarious liability and some of the possible issues you may have.

What Is Vicarious Liability?

Vicarious liability means that someone else is held liable for another person’s actions. That third party doesn’t have to be present or even cause the injury at all. Just by the special relationship between the negligent person and the third party is enough to establish vicarious liability. Vicarious liability helps plaintiffs recover for injuries sustained by someone who may not have the means to provide adequate compensation.

When Does Vicarious Liability Not Apply?

There are many instances in which vicarious liability may not apply in an employer/employee relationship. One common reason would be that the employee was not acting within the scope of their employment at the time. For example, if the driver was on break and running a personal errand, the employee may not be vicariously liable for your injuries.

Talk to an Attorney

Determining exactly who may be liable is not easy, it is important that you speak with an experienced attorney right away to determine whom you should sue. When you schedule a consultation with a knowledgeable personal injury attorney, they will help you to create a strong legal strategy in order to get the compensation you are entitled to.

For more information about truck accidents, call the experts at Dashner Law Firm today. Call 972-793-8989 or 817-864-9980 to schedule your initial consultation.