The aftermath of a trucking accident can be heartbreaking. Trucking accidents almost always result in serious injuries or even wrongful death. If you ever find yourself the victim of a truck accident, you probably want to know if both the trucker and the trucking companies are liable for the accident.
Who is Liable?
It’s generally accepted that employers are responsible for the wrongful behavior of their employees. This is called Respondeat Superior (Latin for “let the master answer”), a legal precedent created with the intention of holding both employer and employee liable for the employee’s bad actions.
This can, occasionally, become muddled in the trucking industry. Just because you see the logo of a national brand on the side of a truck, does not mean they are the ones liable for the accident.
Some trucks are contracted to haul cargo for brand-name companies. In this case, the truck company would hold liability, rather than the brand. However, some larger corporations such as Amazon and Walmart have launched their own truck fleets, meaning they could hold liability in a trucking accident.
What is the Scope of Employment?
Liability in trucking accidents is not always cut and dry. Employers may argue that the accident did not occur in the “scope of employment.” There are several criteria to determine whether the employee was acting appropriately at the time of the accident. However, these matters are best left to a professional.
With so many layers to a truck accident case, it’s important to come prepared. Hiring an attorney experienced in trucking injury cases can be an enormous help. An experienced attorney can analyze the evidence to determine whether there is a Respondeat Superior case and can help obtain rightful compensation.If you or someone you love suffered serious injuries or even wrongful death in a trucking accident, you may have a case. If you’d like an experienced Denver auto injury attorney from Springer & Steinberg to evaluate your claim, please call (303) 861-2800 or send us an email.