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Who Do I Sue in a Truck Accident?

Posted By Doan Law Firm || 13-Apr-2018

In most circumstances, an employer will be liable for the negligence of an employee.

In many accidents involving a commercial vehicle such as big truck, the question frequently arises of whether the truck’s owner is liable for the actions of an employee. In general terms the answer to this question is “yes,” although there can be some variation from state to state. In today’s post, our personal injury accident lawyer explains the legal doctrine known as respondeat superior and how this doctrine has been applied by the courts.

What does respondeat superior mean?

Respondeat superior (Latin: “Let the master answer”), sometimes called the “master-servant” or the “Captain of the ship” relationship, is the legal doctrine that holds an employer responsible for the actions of its employees or agents. Law historians can trace its origins back to the Roman Empire, where masters (“owners”) could be forced to pay compensation to anyone who had suffered some loss due to the actions of one of his or her servants. Over the centuries this “vicarious liability” has been expanded, or limited, in accordance with the prevailing social and political beliefs of a given nation or society. As it is usually understood today in the United States, respondeat superior refers to the liability of an employer for the actions of its employees.

Does respondeat superior apply in every trucking accident?

Many people are under the impression that an employer is automatically liable for anything that its employees may do, but this is not the case. To sue an employer, the accident victim (plaintiff) must be able to show that there is evidence which will prove that:

1. The person who caused the accident meets the legal requirements to be considered an employee.

The classic test of employee status has long been “Who is signing the paycheck?” If an employer is paying wages, a fixed salary, or a commission to an individual, then that individual will usually be held to be an employee. Payments made by a business to an independent contractor or to a subcontractor are generally not taken as sufficient to establish an employer-employee relationship. There are some exceptions to this generalization, and these exceptions should be explained by a personal injury lawyer.

2. The employee must have been performing their regular job duties at the time of the accident.

In addition to the requirement that the employee must be performing the “usual and customary” duties of his or her employment at the time the accident occurred, some courts have held that if an employee has use of a company-owned vehicle for employment purposes, the employee may be considered to have been “on the job” while driving to or from the employee’s residence to place of employment or job site.

3. The accident was a direct result of the employee’s actions and those actions could be seen as acts of negligence.

Merely being involved in an accident does not make an employee, and hence the employer, liable for damages related to the accident. The plaintiff must be able to prove that the employee’s actions were such that they would meet the legal definition of negligence.

4. The employer had a duty to supervise the employee’s actions and failed to do so.

Although traffic accident cases are responsible for the greatest number of respondeat superior filings, there are other types of lawsuits where respondeat superior is usually assumed to be applicable. These cases include medical malpractice cases where failure to adequately supervise an employee is identified as resulting in a death or injury, and in instances of financial fraud where the employer should have known that an employee was deliberately engaging in deception regarding the sale and purchase of financial instruments such as stocks and/or bonds.

Contact an accident lawyer if you think an employer may be liable for your injury

Liability in trucking accident injury cases is often not clearly established until several weeks, if not months, after an accident. In many cases, establishing liability will require resources that are beyond the reach of most victims. Fortunately, a local truck accident lawyer will have access to all necessary resources to determine if an employer could be sued under respondeat superior.

If you feel that an employer may have played a role in your accident injury, your first step should be to contact an accident injury attorney. An accident attorney will be familiar with your state’s laws regarding employer liability in accident cases or in related civil matters. The majority of accident lawyers do not charge you to hear the facts surrounding your case and will often be able to advise you on a proper course of action at the end of your visit.

In conclusion, anyone who is injured in an accident involving a commercial vehicle, such as a truck, is strongly advised to retain the services of a personal injury accident lawyer in order to protect their legal right to compensation for their injuries and other losses.

Contact an Experienced Personal Injury Lawyer

After an accident, the responsible party's insurance company may try to reduce the claim amount. Commonly, insurance adjusters are trained to get information from the injured to assist in reducing the claim. Though some insurers are less guilty of this practice than others, it is important to realize that insurance companies are profit-oriented corporations and reducing claims results in increased profits for shareholders. This can create a situation for the injured in which they are offered a settlement that does not truly reflect the damages suffered. If you accept this settlement, you lose the ability to get more money should your injuries require further medical treatments. It is critical that victims get legal assistance in any personal injury case, and The Doan Law Firm is prepared to fight relentlessly for your rights.

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