Understanding Vicarious Liability in Truck Accident Cases

A serious truck accident can result in devastating physical, financial, and emotional losses. Pursuing fair compensation for your damages is a critical step in getting your life back on track after a terrible incident.

A negligent truck driver may have caused the accident. However, you may be able to hold more than one party accountable for what occurred. In this article, we will discuss how the concept of vicarious liability may play a role in your truck accident claim. To maximize your compensation, it might be possible to file a legal claim against the trucking company and others. 

Truck accident cases involving vicarious liability can be complicated and stressful to handle alone. The experienced truck accident lawyers at Hauptman, O’Brien, Wolf & Lathrop, LLC, can guide you through every step of the legal process. Call us today at (402) 241-5020 or complete our online form for a free case review.

What Is Vicarious Liability in a Truck Accident?

Vicarious liability is a straightforward concept in personal injury law. This is particularly so in truck accident cases. It means one party, often an employer, is legally responsible for the actions of another party, usually an employee.

The principle of vicarious liability hinges on the idea that employers should bear some responsibility for the conduct of their employees while on the job. When it comes to trucking accidents, a trucking company could potentially be liable if its driver negligently causes a collision in the course of the workday.

The Federal Motor Carrier Safety Administration (FMCSA) imposes extensive safety regulations on the trucking industry. Trucking companies must enforce these rules and any state laws that may apply. If a trucking firm fails here, it can face serious legal repercussions if an employee has an accident.

The Importance of Establishing Negligence After the Truck Accident

Proving negligence is an essential factor in any vicarious liability claim. You can file a personal injury claim if you believe another party was careless. If their lack of care caused the truck accident that hurt you, you may have a case. This could include the truck driver, the trucking company, or others.

Establishing negligence in a vicarious liability truck accident case generally involves proving these 4 elements:

• Duty of care: You must show that the other party had a legal obligation to take reasonable care to prevent harm to others. In a truck accident, this duty of care typically involves adhering to traffic laws, regulations, and industry standards.
• Breach of duty: The defendant failed to uphold his or her legal duty by a negligent or reckless act. For instance, if a driver or trucking company failed to perform routine maintenance, and this directly caused an accident.
• Causation: The victim would not have been hurt if it had not been for the defendant’s actions or failure to act.
• Damages: The injured party sustained real and tangible losses as a result of the accident. Damages can include physical and emotional injuries, property damage, and more.

Proving fault and negligence after a serious accident is rarely a straightforward process. Nonetheless, identifying the liable parties is one of the foremost steps in a truck accident claim. 

In the aftermath of a bad truck accident, you need assistance. A knowledgeable lawyer can investigate the circumstances surrounding the incident. By establishing the facts of what occurred, he or she will lay a robust foundation for a successful vicarious liability claim.

The Elements of Vicarious Liability in Truck Accident Claims

Trucking companies are generally considered the employers of their drivers. In some cases, this may also apply to drivers who are classified as independent contractors. Under vicarious liability, legal responsibility for a truck accident extends beyond the negligent driver to the trucking company itself. 

To establish vicarious liability against a trucking company after an accident, you will need to meet certain criteria:

• Employee-employer relationship: The driver was an employee or agent of the trucking company.
• Scope of employment: The driver caused the accident while acting within the realm of his or her job responsibilities. This could include making deliveries, transporting goods, work-related errands, and other company-directed activities.
• Negligence: The truck accident was caused by the negligent or careless actions of the driver. Oftentimes, this involves violating traffic rules. Failing to properly maintain the truck, impaired driving, or hours of service violations may also be considered.
• Causation: The negligence of the driver must be the direct cause of the truck accident and resulting injuries. There may have been other contributing factors, unrelated to the trucker’s actions. In these cases, the trucking company may not be found fully liable for your damages.

If such criteria are met, you can pursue a legal claim against the truck driver and the trucking company. Vicarious liability does not absolve the truck driver of personal liability for his or her actions. Instead, it adds an additional level of responsibility for the trucking company. 

Other Potentially Liable Parties in a Truck Accident

In some cases, liability for a truck accident may extend beyond the driver and trucking company. 

Parties that may end up being partially responsible for a trucking accident include:

• The truck leasing agency and driver: A trucking company may lease a truck and driver from a leasing agency to transport goods. If that driver caused an accident, both the trucker and the leasing agency could be at fault for the truck accident.
• The truck manufacturer: Trucks include thousands of components. A problem with an integral part, such as the truck’s steering or brakes, could lead to a serious accident. In such cases, the manufacturer of the truck or the failed part could be liable in an accident claim.
• The truck mechanic or maintenance provider: Commercial trucks need frequent and continual maintenance. If mechanics and repair shops are less than diligent, critical upkeep or repairs could be put off or overlooked. In such cases, key parts could fail, leading to serious accidents.
• Freight brokers: Such entities connect shippers with carriers. It may be that a broker failed to exercise reasonable care when selecting a carrier. If so, they could be liable for an ensuing truck accident.
• Cargo loaders: A truck’s cargo must be loaded and well secured to guarantee it is safe for the road. Freight loaded or secured incorrectly can shift or fall from the truck. This may lead to an accident.

There is a significant chance that more than one party bears responsibility for the harm caused in a truck accident. A seasoned truck accident lawyer can use his or her experience and resources to identify all liable parties. He or she will then hold them accountable for your pain and suffering.

How Vicarious Liability May Impact Your Compensation Amount

Vicarious liability can significantly impact the financial compensation available to truck accident victims. Trucking companies usually have more comprehensive insurance policies than individual drivers. This means they can meet higher accident claims. 

Depending on the circumstances of your truck accident, you may qualify for damages such as:

• Past, current, and future medical expenses
• Lost wages
• Reduced earning capacity
• Property damage
• Pain and suffering
• Mental anguish
• Reduced quality of life
• Loss of consortium
• Wrongful death

A serious truck accident can permanently alter your life in the blink of an eye. Whenever possible, it is advantageous to pursue a vicarious liability claim in the face of exceptional losses. Doing so will enable you to pursue enough compensation to meet your current and long-term needs comfortably.

Seeking fair compensation from a large trucking company or corporation can be a difficult task. Insurance negotiators will likely work to undermine your claim. Their goal is to protect their own bottom line. Having the right attorney on your side will protect your rights and ensure you are not taken advantage of by the insurance company.

Get Support From Dedicated Truck Accident Lawyers

Truck accident victims are often hurt physically and traumatized emotionally. If this is the situation you find yourself in, please don’t try to go it alone. After a truck accident that was not your fault, the law can be put to work to protect you. 

When it comes to restitution in trucking accidents, the principle of vicarious liability can be key. It is intended to motivate companies to make sure employees follow safety rules and take precautions when behind the wheel. The aim is to create safer roads and communities for all. When employers fail in this responsibility, they must be held accountable for the harm inflicted.

The team of personal injury lawyers at Hauptman, O’Brien, Wolf & Lathrop takes pride in providing justice and guidance for victims of negligence. This includes those injured by careless truck drivers and the trucking industry as a whole. With nearly 300 years of combined experience, we prioritize accident victims’ health and recovery above all else. We serve Nebraska from our offices in Omaha, South Omaha, and Bellevue, as well as Iowans, from our office in Council Bluffs.

Severe truck accidents are scary. Secure your future by getting the legal support you deserve. Call a Hauptman, O’Brien, Wolf & Lathrop truck accident lawyer today at (402) 241-5020 or fill out our online form to schedule a free strategy session about your case. We are standing by to hear your story.